THE UNIVERSITY OF HONG KONG LIBRARIES. Hong Kong Collection

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2 THE UNIVERSITY OF HONG KONG LIBRARIES Hong Kong Collection

3 nels on Transport (Papers) 27 v l_6.htm USE OF MOBILE PHONE WHILE DRIVING Purpose This paper presents the results of a review on the use of mobile phone while driving and seeks members' advice on a proposal to regulate the use of hand-held mobile phone while driving. Background 2. There has been concern that the proliferation of mobile phones and their use by drivers will become a safety hazard for drivers and other roads users alike. The Transport Department has conducted research on overseas regulatory practices and accident statistics. Overseas Regulatory Regime 3. The Transport Department conducted a study of 3 overseas countries on their legislative frameworks on the use of mobile phone while driving. The detailed findings of the study are at Annex A. 4. There are basically two types of mobile car phones, namely hand-held and hands-free types. ne of the 3 countries prohibits the use of hands-free mobile phone while driving. 5. Specific legislation prohibiting the use of hand-held phone while driving exists in 5 out of the 3 countries, namely Switzerland, Israel, Malaysia, Singapore and Australia (only in the states of New South Wales and Victoria). However, most of these countries indicated that such prohibition was mainly based on the perceived detrimental effect on driving performance rather than comprehensive scientific researches. 6. Countries which do not have any specific legislation against the use of mobile phone while driving consider that there are insufficient scientific evidence and accident statistics to justify such legislation. In Hong Kong, the existing road traffic legislation requires a driver to maintain proper control of the vehicle with due care and attention and a person whose driving is impaired by the use of a mobile phone could be prosecuted for careless driving. UK, New Zealand and some states in Australia also adopt similar practice. Overseas Researches 7. Sweden, Canada, USA and Japan have conducted researches on the effects of using mobile phone while driving. A summary of the study results is presented below. Canada 8. The University of Toronto has assessed the risk of a collision associated with using mobile phones while driving. The study surveyed 699 drivers who were involved in accidents causing substantial damage in a 4-month period. It was found that the use of mobile phone while driving was associated with a four-fold increase in the risk of having a collision. Although the study did not conclude that drivers were at fault in all of those collisions, it found that the use of mobile phone could have reduced the driver's ability to react in an emergency situation. USA 9. A study was conducted to examine the correlation between mobile phone use and accident by investigating the amount of time per month drivers spent in vehicles on mobile phones and 8 other types of distraction such as eating, smoking, drinking, talking with others, adjusting radio, etc. Data obtained from randomly selected drivers who were involved in accidents were compared with those obtained from a control group of randomly selected drivers who were accident-free over th previous years. The results indicated that driver who spent more than 5 minutes per month on mobile phones in vehicles was 5.59 time more likely to have an accident. The use of mobile phone as a single behaviour has the highest correlation with accident. However, the study could not establish a causal relation between the use of mobile phone while driving and traffic accidents. if 3 *$> 999/3/7 PM 3:22

4 nels on Transport (Papers) 27 v l 6.htm Sweden. A number of simulation studies on the changes in driver behaviour when using hands-free mobile phone had been carried out. The following findings were noted:- a. the reaction time of the drivers was increased by about.4 second; b. the ability to keep the vehicle to the centre of lane was slightly affected; c. the degree of distraction increased with length of time the driver was talking on the phone; and d. the above effects were more pronounced in elderly drivers. The above results indicated that using mobile phone while driving might have adverse effect on driving performance. Japan. An survey to study the effects of mobile phone usage on driving has been conducted by the Automobile Safety Driving Centre Survey Research Committee. The study revealed that the use of mobile phone while driving would reduce eyesight movements and hence concentration on movements on the road. It would also reduce drivers ability to react to emergencies as drivers on the phone were found to require a longer time to apply to the brake. Moreover, as compared with hands-free mobile phone, the use of hand-held phone would have greater adverse effect on driving performance and also divert drivers' eyesight off the road for a longer time when receiving a phone call. Overseas accident statistics 2. Only 3 out of 3 surveyed countries have compiled accident statistics involving the use of mobile phone while driving, i.e. New South Wales of Australia, New Zealand and Japan. 3. In New South Wales where hand-held car phone law was introduced in 989, 2 fatal collisions and 3 serious injury collisions involving the use of mobile phones occurred during the 3-year period of 993 to 995. This represents.3% of all the serious casualty collisions, or 3% of those serious casualty collisions where the driver was distracted by in-vehicle activities. 4. In New Zealand, where no car phone law exists, of the 265 injury crashes in which drivers were suspected to have been distracted through some forms of in-vehicle activities in 995, only (about 4%) involved the use of mobile phone. It is noted that other forms of distraction within the vehicle such as adjusting radio (42 crashes) or smoking (9 crashes) are more common causes of crashes than the use of mobile phone. 5. In Japan, where there is also no car phone law, it is recorded that of the total 78,399 injury traffic accidents in 997, 2,297 (.29%) involved the use of mobile phone while driving. About two-third of them occurred when drivers were making or receiving phone calls. Hong Kong Situation 6. At present, there is no specific legislation in Hong Kong that controls the use of mobile phone while driving. Drivers may be charged with "careless driving" if they fail to maintain proper control of the car for whatever reasons, including the use of mobile phone. In the Road Users' Code, drivers are advised not to use mobile phone while driving and if necessary, calls should be made after stopping or parking the vehicle at a safe place, or by passengers instead. 7. Analysis of local accident statistics over the past 5 years indicates that there were few injury traffic accidents involving the use of mobile phone while driving (approximately 2 cases on the average, out of a total of about 5, injury accidents per year (.3%)). A breakdown of the accidents is shown in Annex B. The statistics may not be a true reflection of the size of the problem as no sane drivers involved in accidents would readily admit to the Police of being on mobile phone when the accidents occurred. jf3 999/3/7PM 3:22

5 nels on Transport (Papers) 27 v Ij5.htm 8. The ownership rate of mobile phone per population in Hong Kong is 35%. When compared to those of overseas countries, Hong Kong! s mobile phone ownership rate ranks one of the highest in the world. A summary of the relevant ownership rate in various countries is shown in Annex C. Recommendation 9. Whilst falling short of establishing a causal relation, overseas researches suggest that the use of mobile phone while driving causes distraction to drivers and affects the driver's reaction time in emergency. As a result, the risk of involving in accidents increases significantly. Drivers who use mobile phone while driving have also been found to have a higher risk of collision. 2. In so far as evidence for the increased risk of traffic accident is not conclusive, it is considered that the case for legislating or not legislating against the use of phones while driving is finely balanced. If we are to legislate, and having regard to the current state of overseas practice, we should focus on legislating against the use of hand-held phones. Such legislation will help promote safe driving and reinforce a clearer message of "Don't phone and drive". 2. We have carried out surveys on the availability of hands-free kits for mobile phone in the local market and found that they are available for most models of mobile phone. Usually, one set of hands-free kit consists of a mounting base, an extended clip microphone and a speaker box. The cost of a hands-free kit ranges from $, to $2,5 depending on the models whereas the installation cost, which is required for some models, ranges from $, to $,5. However, with the rapid development of hands-free kits for mobile phone and the likely increase in demand for such equipment if the proposal to prohibit the use of hand-held phone while driving is implemented, it is expected that the costs of hands-free kits will fall. The additional cost upon drivers who have a real need to use mobile phone in cars will be minimised. 22. It is necessary to consider whether mobile radios which are commonly used by drivers of taxis, coaches, and express delivery vehicles, etc. should be prohibited as well. It is noted that there are operational needs for those drivers to use such communication devices. The operation of mobile radios is relatively simple and the conversation with the radio control centre is usually very brief. The effect of such equipment on vehicle control would be comparatively less than that of mobile phone. We will consult the relevant trades to see what can be done to overcome difficulties to comply with a "hands-free" requirement. 23. We will review the case for legislative control in the light of the views gathered through the consultation procedures. Advice Sought 24. Members are invited to advise whether the following should be pursued:- i. to legislative against the use of hand-held mobile phone while driving; and ii. to consult the relevant trade which use mobile radio to see if they can also comply with the "hands free" requirement. Transport Bureau vember 998 Panels Home»f3 999/3/7 PM 3:22

6 Annex A (Page of2) Summary of overseas practices on control of mobile phones while driving Country Israel Specific Car Phone Laws hand-held phone only) Penalty Fine 75 NIS Reasons for/against specific legislation reason has been given for the legislation Other existing Legislative Control Malaysia hand-held phone only) st offence: max. fine, ringgits or imprisonment up to 3 months Subsequent offence: max. fine 2, ringgits or imprisonment up to 6 months or both The issue regarding the use of hand-held phone while driving has been assessed. The results showed that such use is detrimental to driving performance. Singapore hand-held phone only) Fine of S$ 7 and 9 demerit points reason has been given for the legislation Switzerland hand-held type only) Fine of swiss francs According to art. 3 of the Swiss Traffic Regulations, a motorist must always focus on the road and the nearby traffic situation. The Swiss Federal Court made a judgment in 994 that the above regulation may be violated in the case of using a hand-held phone while driving as this is an activity which makes drivers more difficult to maintain control over a vehicle. However, using hands-free phones are still allowed. Accordingly, a specific fixedpenalty offence on use of handheld phone while driving is made. Australia hand-held type in New South Wales and Victoria only) Information not available Legislation was made in response to public concern on the potential risk of using mobile phone while driving and the availability of hands-free equipment In other states, the use of Carphone while driving is dealt with by provisions requiring drivers to drive with due care and attention.

7 (Page 2 of 2) Country Canada Specific Car Phone Laws Penalty Reasons for/against specific legislation There is insufficient scientific evidence to justify such a regulation Other existing Legislative Control New Zealand There are relatively few reported injury and fatal crashes involving mobile phone use to justify specific legislative control Charged with careless use of a motor vehicle causing injury. Japan Korea Further studies on overseas cases would be required for justifying such a regulation. studies Taiwan studies United Kingdom studies. The existing regulations also cover this malpractice. USA national policy on prohibition Mobile phone can help stranded motorists get out of trouble and summon medical personnel to crash scene more quickly. Uniform Vehicle Code prohibits driving a vehicle while wearing a headset Sweden Although many research studies have been carried out to examine the association of mobile phone use with traffic accidents, no specific legislation on control of car phones is made.

8 Annex B Accidents in Hong Kong with Drivers Admitting Using Mobile Phones while Driving ( ) N. Year \. >v Severity >^ (Jan- Mar) Fatal 2 Serious 2 Slight Total

9 Annex C Mobile phone/population Hong Kong 35% as of May 998 Countries where use of hand-held phone while driving is prohibited Australia 3% as of January 998 Israel 4% as of January 998 Malaysia % as of March 998 Singapore 28% as of May 998 Switzerland 8% as of June 998 Countries where use of hand-held phone while driving is not prohibited Canada 6% as of January 998 France 2% as of May 998 Germany 2% as of May 998 Japan 32% as of May 998 Korea 7% as of January 998 New Zealand 6% as of March 998 Sweden 38% as of March 998 Taiwan 7% as of January 998 United Kingdom 6% as of May 998 United States 22% as of May 998

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13 Annex A (Page of2) Summary of overseas practices on control of mobile phones while driving Country Israel Specific Car Phone Laws hand-held phone only) Penalty Fine 75 NIS Reasons for/against specific legislation reason has been given for the legislation Other existing Legislative Control Malaysia hand-held phone only) * st offence: max. fine IjOOOringgits or imprisonment up to 3 months Subsequent offence: max. fine 2, ringgits or imprisonment up to 6 months or both The issue regarding the use of hand-held phone while driving has been assessed. The results showed that such use is detrimental to driving performance. Singapore hand-held phone only) Fine of S$ 7 and 9 demerit points reason has been given for the legislation Switzerland hand-held type only) Fine of swiss francs According to art. 3 of the Swiss Traffic Regulations, a motorist must always focus on the road and the nearby traffic situation. The Swiss Federal Court made a judgment in 994 that the above regulation may be violated in the case of using a hand-held phone while driving as this is an activity which makes drivers more difficult to maintain control over a vehicle. However, using hands-free phones are still allowed. Accordingly, a specific fixedpenalty offence on use of handheld phone while driving is made. Australia hand-held type in New South Wales and Victoria only) Information not available Legislation was made in response to public concern on the potential risk of using mobile phone while driving and the availability of hands-free equipment In other states, the use of car phone while driving is dealt with by provisions requiring drivers to drive with due care and attention.

14 (Page 2 of 2) Country Canada Specific Car Phone Laws Penalty Reasons for/against specific legislation There is insufficient scientific evidence to justify such a regulation Other existing Legislative Control New Zealand There are relatively few reported injury and fatal crashes involving mobile phone use to justify specific legislative control Charged with careless use of a motor vehicle causing injury. Japan Korea Further studies on overseas cases would be required for justifying such a regulation. studies Taiwan studies United Kingdom studies. The existing regulations also cover this malpractice. USA national policy on prohibition Mobile phone can help stranded motorists get out of trouble and summon medical personnel to crash scene more quickly. Uniform Vehicle Code prohibits driving a vehicle while wearing a headset Sweden Although many research studies have been carried out to examine the association of mobile phone use with traffic accidents, no specific legislation on control of car phones is made.

15 Annex B Accidents in Hong Kong with Drivers Admitting Using Mobile Phones while Driving ( ) V Year X. >v Severity x^ (Jan- Mar) Fatal 2 Serious 2 Slight 3 Total

16 Annex C Mobile phone/population Hong Kong 35% as of May 998 Countries where use of hand-held phone while driving is prohibited Australia Israel Malaysia Singapore Switzerland 3% 4% % 28% 8% as of January 998 as of January 998 as of March 998 as of May 998 as of June 998 Countries where use of hand-held phone while driving is not prohibited Canada France Germany Japan Korea New Zealand Sweden Taiwan United Kingdom United States 6% 2% 2% 32% 7% 6% 38% 7% 6% 22% as of January 998 as of May 998 as of May 998 as of May 998 as of January 998 as of March 998 as of March 998 as of January 998 as of May 998 as of May 998

17 X5H3H355 HKP H77 Hong Kong (China). Government Secretariat. Transport Bureau, Use of mobile phone while Date Due

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