Before people start patting themselves on the back over the new distracted driving sanctions coming into effect Jan. 1, everyone should stop, take a breath, and realize that as much as the NDP’s infamous Bill 6, it is a poorly-worded piece of legislation.
The intent of the law may have been to address someone texting or being so engrossed in a cellphone conversation that their vehicle was speeding, wandering all over the road, etc., but in enacting the law as it is currently worded, someone could be (and has been) charged for “distracted driving” while waiting in a drive-through restaurant line up, or even talking on the phone while parked on the shoulder of a roadway such as Highway 2 between Edmonton and Calgary.
There was, and still is, a law on the books, called Careless Driving, which more than adequately covered any reasonable set of circumstances attributable to driving while texting or talking on a cellphone. In 2011, that law had a penalty of $402 and six demerit points. Of course, before laying that charge, the police would have to provide an example(s) of a driver not being careful, while the vehicle was actually being driven.
Prior to the Distracted Driving law coming into effect back then, I recall several heads of police agencies in Alberta stating that one of the reasons why a distracted driving law was needed was because of the severe penalties assessed with Careless Driving, and how some police officers didn't want to use such a heavy handed charge.
Now, it appears we have come full circle with the increased fines/demerit points with this amended law, with the only difference being that the police no longer have to prove any type of deviant driving behaviour on the part of the accused prior to laying a charge.
Randy Kish, St. Albert
