Using Electronic Devices While Driving: Legislation and Enforcement Implications (2021)

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B E H A V I O R A L T R A F F I C S A F E T Y C O O P E R A T I V E R E S E A R C H P R O G R A M BTSCRP RESEARCH REPORT 1 2021 Research sponsored under the direction and oversight of the Governors Highway Safety Association Subscriber Categories Law • Safety and Human Factors Using Electronic Devices While Driving LEGISLATION AND ENFORCEMENT IMPLICATIONS Amy Benedick Sharon Levi Elizabeth Petraglia Doreen De Leonardis Westat Rockville, MD

BEHAVIORAL TRAFFIC SAFETY COOPERATIVE RESEARCH PROGRAM Since the widespread introduction of motor vehicles more than a century ago, crashes involving their operation remain a significant public health concern. While there have been enormous improvements in highway design and construction, as well as motor vehicle safety, which have been instrumental in lowering the rate of crashes per mil- lion miles in the United States, more than 35,000 people die every year in motor vehicle crashes. In far too many cases, the root causes of the crashes are the unsafe behaviors of motor vehicle operators, cyclists, and pedestrians. Understanding human behaviors and developing effective countermeasures to unsafe ones is difficult and remains a major weakness in our traffic safety efforts. The Behavioral Traffic Safety Cooperative Research Program (BTSCRP) develops practical solutions to save lives, prevent injuries, and reduce costs of road traffic crashes associated with unsafe behav- iors. BTSCRP is a forum for coordinated and collaborative research efforts. It is managed by the Transportation Research Board (TRB) under the direction and oversight of the Governors Highway Safety Association (GHSA) with funding provided by the National Highway Traffic Safety Administration (NHTSA). Funding for the program was originally established in Moving Ahead for Progress in the 21st Century (MAP-21), Subsection 402(c), which created the National Cooperative Research and Evaluation Program (NCREP). Fixing America’s Surface Transportation (FAST) Act continued the program. In 2017, GHSA entered into an agreement with TRB to manage the research activities, with the program name changed to Behavioral Traf- fic Safety Cooperative Research Program. The GHSA Executive Board serves as the governing board for the BTSCRP. The Board consists of officers, representatives of the 10 NHSTA regions, and committee and task force chairs. 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BTSCRP RESEARCH REPORT 1 Project BTS-03 ISSN 2766-5976 (Print) ISSN 2766-5984 (Online) ISBN 978-0-309-67379-2 Library of Congress Control Number 2021931344 © 2021 National Academy of Sciences. All rights reserved. COPYRIGHT INFORMATION Authors herein are responsible for the authenticity of their materials and for obtaining written permissions from publishers or persons who own the copyright to any previously published or copyrighted material used herein. Cooperative Research Programs (CRP) grants permission to reproduce material in this publication for classroom and not-for-profit purposes. Permission is given with the understanding that none of the material will be used to imply TRB, AASHTO, FAA, FHWA, FTA, GHSA, NHTSA, or TDC endorsement of a particular product, method, or practice. It is expected that those reproducing the material in this document for educational and not-for-profit uses will give appropriate acknowledgment of the source of any reprinted or reproduced material. 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C O O P E R A T I V E R E S E A R C H P R O G R A M S AUTHOR ACKNOWLEDGMENTS This document fulfills the Task 8 requirement to prepare a final report for BTSCRP Project BTS-03, “Examining the Implications of Legislation and Enforcement on Electronic Device Use While Driving.” The final report summarizes the work performed on Tasks 1 through 7, including the findings from Phase 1 on existing electronic device legislation; provides a description of the deliverables developed in Phase 2 to share information on best practices related to enacting an electronic device use law, education, and enforcement; and discusses future research needs. The final report was edited by Dr. James Jenness, Quality Assurance Reviewer, and the Westat Editorial Department prior to delivery to TRB to ensure both scientific and editorial quality. CRP STAFF FOR BTSCRP RESEARCH REPORT 1 Christopher J. Hedges, Director, Cooperative Research Programs Lori L. Sundstrom, Deputy Director, Cooperative Research Programs William C. Rogers, Senior Program Officer Jarrel McAfee, Senior Program Assistant Eileen P. Delaney, Director of Publications Natalie Barnes, Associate Director of Publications Doug English, Senior Editor BTSCRP PROJECT 03 PANEL Michael J. Hanson, Minnesota Department of Public Safety, St. Paul, MN (Chair) Lauren V. Stewart, Maine Bureau of Highway Safety, Augusta, ME (GHSA Monitor) Marisa Elijah Auguste, University of Connecticut, Storrs, CT Paul Boase, Transport Canada, Ottawa, ON Tara Casanova-Powell, Association of Traffic Safety Information Professionals, Virginia Beach, VA Miguel Jaller, University of California, Davis, Davis, CA Maurice R. B. Masliah, Headlight Consulting Inc., Toronto Ainsley L. Mitchum, California Department of Motor Vehicles, Sacramento, CA Bryan E. Porter, Old Dominion University, Norfolk, VA Kathy J. Sifrit, NHTSA Liaison

BTSCRP Research Report 1: Using Electronic Devices While Driving: Legislation and Enforce- ment Implications presents the results of an examination of the current state and provincial legislation on electronic device use while driving; evaluates the benefits and impediments associated with enacting, enforcing, and adjudicating electronic device use; and proposes model legislation and educational materials that can be used by relevant stakeholders to enact a law and educate key individuals on the importance of the law. Distracted driving is a complex and ever-increasing risk to public safety on roadways. Drivers’ use of electronic devices significantly diverts human attention resources away from the driving task. The enforcement community faces significant challenges as electronic device use has expanded beyond simply texting or talking. Legislation regulating electronic device use while driving is inconsistent in content and implementation. For example, many states currently prohibit texting while driving without addressing various other functions of today’s portable and in-vehicle electronic devices. We do not know the effectiveness of current distracted driving legislation, such as primary handheld bans and texting bans. This confusion may lead to the continued perception among drivers that it is acceptable to use electronic devices while driving. In BTSCRP Project 03, “Examining the Implications of Legislation and Enforcement on Electronic Device Use While Driving,” Westat was asked to: (1) examine the essential components of current state and provincial legislation (e.g., language, penalties, sanctions) used to address distracted driving while using electronic devices; (2) evaluate the benefits and impediments associated with enacting, enforcing, and adjudicating texting and hands- free legislation; and (3) develop model legislation to deter distracted driving while using electronic devices. F O R E W O R D By William C. Rogers Staff Officer Transportation Research Board

1 Summary 2 Chapter 1 Background 3 1.1 Objectives 3 1.2 Kickoff Meeting 3 1.3 Work Plan 4 Chapter 2 Examine Current Electronic Device Legislation and Strategies 4 2.1 Review of Existing Legislation 8 2.2 Assessing the Strength of the Law 8 2.3 Cluster Analysis and Sample Selection 12 2.4 In-Depth Review of Selected States and Territories 30 Chapter 3 Development of Deliverables to Share Best Practices 30 3.1 Interim Report 32 3.2 Sharing Best Practices 35 Chapter 4 Conclusions and Future Research Needs 35 4.1 Conclusions 35 4.2 Future Research Needs A-1 Appendix A Protocol for Ranking the Strength of Distracted Driving Laws B-1 Appendix B Proposed Sample of Jurisdictions and Methodology C-1 Appendix C Discussion Guides with Key Stakeholders D-1 Appendix D Model Legislation E-1 Appendix E Guidance on Presentation for Key Stakeholders F-1 Appendix F Presentation for Key Stakeholders G-1 Appendix G Presentation for Law Enforcement Officers H-1 Appendix H Highlight Document for Legislators I-1 Appendix I Model Press Release J-1 Appendix J Research Webinar for Practitioners K-1 Appendix K References C O N T E N T S