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

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G-1 A P P E N D I X G Presentation for Law Enforcement Officers

G-2 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 1 Effective Enforcement of an Electronic Device Law Electronic Presentation for Law Enforcement

Presentation for Law Enforcement Officers G-3 Slide 2 1 Background Distracted Driving is a diversion of attention away from activities critical for safe driving toward a competing activity. In 2018, there were 2,841 motor vehicle fatalities in the United States involving a distracted driver (7.8% of total motor vehicle fatalities). Distracted driving is commonly underreported. According to the World Health Organization, the use of electronic devices is a growing problem and considered a serious threat to traffic safety. Many states and local governments, in the United States and internationally, have passed laws restricting or banning the use of electronic devices to talk or text while driving.

G-4 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 3 • For a traffic safety program to be effective, law enforcement officers need to be familiar with the legislation, understand that electronic device/distracted driving enforcement is an impor- tant part of traffic safety, and be willing to communicate this message to motorists. The pur- pose of this presentation is to share strategies to accomplish these goals. • The content in this presentation is based on knowledge and experience from previous work with law enforcement as well as findings from an in-depth scan of electronic device use legisla- tion and enforcement efforts across jurisdictions in the United States and Canada. Purpose of this Presentation 2 Enforcement countermeasures are essential to the success of an electronic device use law to reduce distracted driving. BACKGROUND This presentation is designed to provide law enforcement with essential information to support effective education and enforcement of an electronic device use law. The information in the presentation is based on experiences of law enforcement agencies across the United States and Canada.

Presentation for Law Enforcement Officers G-5 Slide 4 • Often, effective enforcement goes beyond the officer issuing a citation. • It is important that law enforcement be involved in the process of developing or revising electronic device use legislation from the beginning. • You can help to ensure that the language of the law is enforceable. In addition, you might be able to provide support for the legislation by testifying for the general assembly from the perspective of enforcement and traffic safety. • Once the law is in place, you assist by educating the public and enforcing the law. What Is Your Role? 3  Support the process of implementing or revising electronic device use legislation by reviewing the language used and testifying in front of a general assembly or committee.  Once a law is in place, your role is to educate the public and enforce the law. BACKGROUND

G-6 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 5 • Key components of an effective traffic safety program include: – Leadership in the Agency. Visible commitment from agency leadership, beginning with the inception of the legislative idea through its enactment and enforcement, will set a strong example for other officers, who will look to leadership for support and direction. – Training. Law enforcement officers will become the face of the distracted driving enforcement effort, so it is critical that they become familiar with the details of the law and are trained on different enforcement strategies. All officers, not just those who are tasked with enforcing it (i.e., traffic safety unit), should be trained on the importance of traffic safety and encouraged to make contact if they see someone not adhering to the law. In addition, it is important that officers be trained not only on the details of the law, but also on the safety risks related to distracted driving and the data behind why the law is necessary and should be enforced. – Enforcement Strategies. When establishing distracted driving enforcement as a priority within an agency, initial enforcement needs to be vigorous, with periodic mobilizations based on data analysis. There is no single best method for enforcing distracted driving. Each jurisdiction needs to customize a combination of tactical methods and technologies that works best for the agency and community. – Data-Driven Approach. Maintaining up-to-date records of observational surveys, citations, warnings, and crashes involving distracted driving will allow leaders to: � Demonstrate to legislators the need for a law or a revision to an existing law; � Evaluate how close they are to meeting program goals and objectives; � Focus enforcement efforts; � Monitor the impact of ongoing activities; � Plan for future enforcement actions; and � Convey the program’s progress to officers, stakeholders, and residents. – Providing Feedback. By keeping everyone informed of successes and failures, leaders can properly allocate resources to most effectively meet program goals. Regular meetings and performance reviews enhance accountability throughout the agency, demonstrate the support of agency leadership for the program, and ensure that the program’s initiatives are fully implemented and remain a priority throughout the agency. – Motivating Officers. Recognizing the efforts and accomplishments of officers can encour- age them to take initiative and strengthen their commitment to the program. Program leaders can employ a variety of incentives that can be customized to the needs of the officers and community. Incentives do not have to be elaborate; the most effective incentives can be simple recognition presented in front of peers. Key Elements of an Effective Traffic Safety Program Some important elements of effective enforcement efforts include:  Prioritize distracted driving within your law enforcement agency.  Conduct targeted officer training and education.  Implement effective enforcement strategies.  Use data to direct enforcement efforts.  Provide feedback to law enforcement officers.  Motivate law enforcement officers to promote the initiative. 4BACKGROUND

Presentation for Law Enforcement Officers G-7 Slide 6 • This presentation provides information on these subject areas. Presentation Topics 5 Identifying the Problem Prioritizing Distracted Driving as a Safety Issue Officer Training BACKGROUND Enforcement Public Information and Education Data-Driven Approach Officer Safety Feedback and Motivation

G-8 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 7 Identifying the Problem “A problem clearly stated is a problem half solved.” DOROTHEA BRANDE 6

Presentation for Law Enforcement Officers G-9 Slide 8 • The first step in any effective traffic safety program is to define the problem. • Current and historical statistics provide the basic information needed to identify distracted driving safety challenges, define the extent of the problem, establish baseline measures, and target enforcement and educational interventions for maximum impact. A data-driven approach can support the development of a strategic plan by providing information needed to define the program’s goals, objectives, appropriate countermeasures, and schedule. • Data can address the following questions: – What is the current electronic device use rate while driving? – Are there subgroup differences with respect to electronic device use while driving? – Are there locations with large numbers of crashes where distracted driving was a factor? – What is law enforcement’s current level of effort with regard to traffic safety, specifically distracted driving enforcement? � Number of traffic stops � Number of warnings � Number of citations Identifying the Problem Data can be used to answer the following questions: • What is the current electronic device use rate while driving? • Are there subgroup (age, sex, etc.) differences with respect to electronic device use while driving? • Are there locations with large numbers of crashes where distracted driving was a factor? • What is law enforcement’s current level of effort with regard to distracted driving enforcement? • Number of traffic stops • Number of warnings • Number of citations 7IDENTIFYING THE PROBLEM

G-10 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 9 Prioritizing Distracted Driving as a Traffic Safety Issue “Motivation is what gets you started. Commitment is what keeps you going.” JIM ROHN 8

Presentation for Law Enforcement Officers G-11 Slide 10 • Visible commitment from agency leaders from the inception of the legislative idea through enactment and enforcement of the law sets a strong example for other officers who will look to leadership for support and direction. • Strong leadership provides clear and consistent messaging by establishing priorities and issuing support for overall goals. • Within the law enforcement agency, a program leader should be officially designated by command staff and publicly given full authority to manage the program, monitor its prog- ress, and ensure that feedback is provided to program leaders, stakeholders, and community residents. Appointing a program leader sends a clear message that distracted driving is an integral part of the agency’s and community’s safety culture. – Command staff can introduce the program and designate a leader during an all-staff meet- ing, during roll call, or through a memo to agency staff. The program leader may be the chief of the agency, the officer responsible for a traffic enforcement unit, or an individual designated especially for this program. Importance of Leadership  Appointing a program leader sends a clear message that reducing electronic device use is an integral part of the agency’s and community’s safety culture.  Having a champion will promote ownership within the agency and help ensure sustainability of enforcement activities.  The program leader will have full authority to manage the program, establish priorities, monitor progress, and ensure that feedback is provided to program leaders, stakeholders, and community residents. 9PRIORITIZING DISTRACTED DRIVING

G-12 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 11 • The program leader will work with command staff to gain commitment and support from fellow officers, safety advocates, and community members. • It is important that the appointed leader be someone with the ability to inspire commit- ment and action. To do this, he or she must have support and buy-in from lieutenants and sergeants. • It is also important that the program leader foster commitment, accountability, and creativity among officers within the agency in order to maintain buy-in and advance the program’s goals. Program Leader The program leader should:  Be motivated and passionate about decreasing electronic device use within the community.  Serve as a role model and source of information for developing and implementing the program.  Possess strong organizational skills.  Have the ability to inspire commitment, creativity, and action. 10PRIORITIZING DISTRACTED DRIVING

Presentation for Law Enforcement Officers G-13 Slide 12 Officer Training “Learn as if you were not reaching your goal and as though you were scared of missing it.” CONFUCIUS 11

G-14 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 13 • Law enforcement officers will become the face of the distracted driving enforcement effort, so it is critical that they be familiar with the details of the law and trained on different enforce- ment strategies. • All officers, not just those who are tasked with enforcing the law (i.e., traffic safety unit), should be trained on the importance of traffic safety and encouraged to make contact if they see someone not adhering to the electronic device use law. • Officers should be trained not only on the details of the law but also on the safety risks related to distracted driving and the data behind why the law was enacted and should be enforced. Officers need to understand that enforcing this law should be an integral part of their traffic safety duties. With this information, they can create a climate of compliance through the public’s perception that the law will be enforced if they are stopped for a traffic violation. If drivers believe they will be cited (as opposed to only receiving a warning) for violating a traffic law, they will be more likely to obey those traffic laws. Training and Education  Law enforcement officers are the face of the enforcement effort.  Familiarity with the details of the electronic device use law is critical.  Officers should be aware of the safety risks of distracted driving and local data on this issue.  All officers should be encouraged to enforce the law and use the traffic stop as an opportunity to educate the public on the dangers of distracted driving.  Law enforcement will create a climate of compliance by actively enforcing the electronic device use law as an integral part of traffic safety duties. 12OFFICER TRAINING

Presentation for Law Enforcement Officers G-15 Slide 14 • Formal training can assist law enforcement staff when interacting with the public by arming them with facts related to the state law and the importance of not using electronic devices while driving. The level of training can vary considerably among different agencies, depending on funding and resources. Content of Training 13 Training should include:  Why the agency has elected to make enforcement of electronic device use a priority.  Why electronic device use is a traffic safety issue in the community. Use data to discuss:  Number of crashes related to distracted driving, including those leading to serious injuries or fatalities.  Number of distracted driving-related traffic stops, citations, and warning violations issued.  Planned strategies for enforcing the law. OFFICER TRAINING

G-16 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 15 • Training opportunities can include: – Formal classroom training in basic law enforcement academies outlining the electronic device use law, importance of not driving distracted, and strategies for enforcing the law. – Refresher courses offered to field officers. – Informal instruction by first-line supervisors. – Quick reference cards provided to officers, specifically to be used during the high-visibility enforcement campaigns. – Roll call training to review best practices. – Videos outlining strategies or tactics for identifying distracted drivers. Training Opportunities Training opportunities can include:  Formal classroom training in basic law enforcement academies.  Refresher courses offered to field officers.  Informal instruction by first-line supervisors.  Quick reference cards provided to officers, specifically to be used during the high-visibility enforcement campaigns.  Roll call training to review best practices.  Videos outlining strategies or tactics for identifying distracted drivers. 14OFFICER TRAINING

Presentation for Law Enforcement Officers G-17 Slide 16 Enforcement “U Text. U Drive. U Pay.” U.S. DOT 15

G-18 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 17 • When developing a successful traffic safety program, the most effective tools program leaders can employ are highly visible police enforcement of the law and targeted public information, education, and outreach campaigns. • When establishing distracted driving enforcement as a priority within an agency, initial enforcement needs to be vigorous, with periodic mobilizations scheduled based on data analysis. There is no single best method for distracted driving enforcement. Each jurisdiction needs to customize a combination of tactical methods and technologies that works best for the agency and community. Enforcing the Law 16  Following a change to the law or policy, it is important to conduct vigorous enforcement combined with education.  Ongoing enforcement as well as periodic data-driven mobilizations are recommended.  Each jurisdiction should customize a combination of tactical methods and technologies that work best for the agency and community. EFFECTIVE ENFORCEMENT STRATEGIES

Presentation for Law Enforcement Officers G-19 Slide 18 • The way the law is written and the words used can present challenges for law enforcement. Some common challenges include: – Law only prohibits texting while driving, – Law includes exemptions such as use of GPS or making a call, – Law requires observation of behavior while the vehicle is in motion, – Law is a secondary offense, – Law enforcement has to prove that the phone is used for texting but is prohibited from examining the phone, and – Citations are dismissed in court. • These challenges may require law enforcement to get creative. The next few slides present some of the strategies used by law enforcement to enforce distracted driving laws. Enforcement Challenges 17 The content and wording of distracted driving legislation can affect the ability to enforce the law.  For example, if the law only covers certain behaviors and allows for exemptions, that affects enforcement. Some common challenges are as follows:  Law only prohibits texting while driving.  Law includes exemptions such as use of GPS or making a call.  Law requires observation of behavior while the vehicle is in motion.  Law is a secondary offense.  Law enforcement has to prove that the phone is used for texting, but is prohibited from examining the phone.  Citations are dismissed by court. EFFECTIVE ENFORCEMENT STRATEGIES

G-20 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 19 • Create areas for enhanced enforcement manned by multiple officers, such as: – Focused Patrols. Connecticut sets up focused patrol zones manned by multiple officers including a spotter, an officer to pull over vehicles in violation, and other officers to write citations. – Channelization. Montgomery County, Maryland, uses law enforcement vehicles, construc- tion equipment, and parking cones to narrow lanes and allow for better viewpoints of distracted driving. However, it is not a checkpoint. Traffic is not stopped but slows; when a driver in violation of the law is spotted, the vehicle is pulled out of the queue to the side of the road. – Safety Corridors. Ohio DOT and the State Highway Patrol work together to identify high- risk areas based on crash data and create safety corridors with signs. They conduct high rates of enforcement and education at schools and communities near these corridors. – Multijurisdictional Patrols. These use crash and citation data to target specific areas for enforcement. At times, these can be joint operations involving multiple law enforcement agencies. Effective Enforcement Strategies Create areas for enhanced enforcement manned by multiple officers:  Focused patrol zone  Channelization  Safety corridor  Multijurisdictional patrols 18EFFECTIVE ENFORCEMENT STRATEGIES

Presentation for Law Enforcement Officers G-21 Slide 20 • Use of specialized vehicles or equipment to enforce: – Elevated Vehicles. Larger vehicles such as pickup trucks, commercial trucks, utility vehicles, and buses have been used by enforcement agencies to spot distracted drivers in several state and provincial jurisdictions, including Minnesota, Tennessee, Maine, Manitoba, and Quebec. Operation Incognito in Tennessee used elevated vehicles to observe drivers. The Tennessee Highway Safety Office and Highway Patrol invited media and community partners to board a bus and assist as spotters. The spotters notified police in patrol cars when they saw distracted drivers. – Video or Photography. The use of video or photography may serve as a strategy in cases of laws with problematic language for enforcement. In Idaho, elevated vehicles were also used and drivers were videotaped in order to ensure that there was evidence of texting behavior. 19 Effective Enforcement Strategies Use of specialized vehicles or equipment to enforce:  Elevated vehicles  SUVs, buses, cherry pickers, tractor trailers  Video/photography EFFECTIVE ENFORCEMENT STRATEGIES

G-22 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 21 • Use of unmarked vehicles and covert tactics: – Roving Patrols. In Maine, state police used two-officer details in unmarked vans and SUVs; one officer drove and the other surveyed nearby cars. – Covert Tactics. Vermont state police have used undercover flaggers in work zones, as well as a spotter on a hill peering into vehicles using binoculars. In Maryland, Montgomery and Frederick County law enforcement dressed as panhandlers, carrying a sign (“Are you using your cell phone?”), and radioed to an officer down the road, who would pull dis- tracted drivers over and issue a citation. Work vehicles from the Pennsylvania Turnpike or PennDOT have been used to camouflage police observing distracted driving violations. 20 Effective Enforcement Strategies Use of unmarked vehicles and covert tactics:  Roving patrols  Undercover officers  Flaggers in work zones, highway construction workers, panhandlers, etc. EFFECTIVE ENFORCEMENT STRATEGIES

Presentation for Law Enforcement Officers G-23 Slide 22 • Coordinated campaigns by multiple jurisdictions for education and enforcement. – One unique campaign that was discussed is a joint effort by the six New England states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. “Just Drive New England” is a coordinated distracted driving education and enforcement campaign run during National Distracted Driving Awareness month. In Canada there have also been a few coordinated campaigns. 21 Effective Enforcement Strategies – Coordinated campaigns by multiple jurisdictions for enforcement and education. EFFECTIVE ENFORCEMENT STRATEGIES

G-24 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 23 Public Information and Education “Education is the most powerful weapon we can use to change the world.” NELSON MANDELA 22

Presentation for Law Enforcement Officers G-25 Slide 24 • By providing details related to how and why the traffic safety program is being implemented and by demonstrating that enforcement is data driven rather than being viewed as a revenue stream, the public information and education program is likely to increase public support and promote success. • Make sure to use local data, when available, to promote safer driving behavior. Using local data will resonate more with your residents. • When developing materials, it is also important to differentiate between distracted driving and electronic device use, which is just one type of distraction. Public Information and Education  Make sure to incorporate public information and education to gain support from key stakeholders and community residents.  Provide the public with data, facts, and information on the dangers of distracted driving and the electronic device use law. Resources include:  Developing a Model Press Release on Electronic Device Use While Driving  IACP Distracted Driving Talking Points  The information you provide to community leaders and motorists needs to identify enforcement as an essential part of the electronic device use law. 23PUBLIC INFORMATION AND EDUCATION

G-26 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 25 • Clear and consistent messaging encourages motorists to adopt behavioral changes. • Traffic stops are an excellent opportunity to educate the public. If residents are aware of the safety issues associated with using an electronic device while driving and are given details related to the traffic safety program, they will be more likely to support enforcement efforts. • Handouts, such as flyers and postcards with traffic safety information and information about the law, including what behaviors are prohibited, can be used during traffic stops to help educate the public. Communicating the Law to Motorists Traffic stops are opportunities to educate.  Take the time to explain the law and the dangers of distracted driving.  Develop and distribute flyers, postcards, or brochures that also provide this information.  Clear and consistent messaging may encourage motorists to adopt behavioral changes. Connecticut Citation Holder with Information on New Law 24PUBLIC INFORMATION AND EDUCATION

Presentation for Law Enforcement Officers G-27 Slide 26 • The program leader or public information officer can start with grassroots activities. • It is important to note that, while community members and stakeholders cannot directly contribute to enforcement efforts, they can contribute to the program’s success by working together to: – Support education and law enforcement events, – Exchange information and ideas related to public outreach, – Plan community activities, – Schedule and support public outreach events, – Allocate funding and identify resources, – Review goals and objectives of the program, and – Assist with measuring objectives. Joint Education Efforts  Make every effort to identify individuals and organizations who have a vested interest in promoting traffic safety.  Community members and stakeholders cannot directly contribute to enforcement efforts, but they can work with you on education and public outreach.  Communication and information sharing may include:  Media such as press releases, public service announcements, and social media.  Attendance at local meetings such as resident association meetings, community coalition meetings, meetings with local emergency and medical personnel, etc.  Joint activities and events with community stakeholders. 25PUBLIC INFORMATION AND EDUCATION

G-28 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 27 • Timing for outreach efforts is ideally year-round, but often this is not feasible due to budgetary and staff restrictions. If restricted, outreach efforts should be conducted around periods of high-visibility enforcement or other events such as changes in the legislation or Distracted Driving Awareness Month in April. Designing Public Awareness Campaigns 26 Timing for outreach efforts:  Ideally, year-round to publicize the initial enactment or revision of a distracted driving law.  Conduct during enhanced/targeted periods, such as Distracted Driving Awareness Month or other high-visibility enforcement campaigns. PUBLIC INFORMATION AND EDUCATION

Presentation for Law Enforcement Officers G-29 Slide 28 • It is important to employ various media outlets to deliver messages on distracted driving because it broadens the audience and the reach of the message. Methods to consider include: – Press releases, – Television and radio broadcast PSAs, – Social media posts, and – Public events and school programs. Designing Public Awareness Campaigns Possible media outlets and venues include:  Press releases  Television and radio broadcast public service announcements (PSAs)  Social media Public events and school programs:  County fairs  Health fairs  Sporting events 27PUBLIC INFORMATION AND EDUCATION

G-30 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 29 • Key components of a well-designed outreach message include: – Relevant Timing. The message should coincide with an event, such as Distracted Driving Awareness Month, a revision to the legislation, an upcoming enforcement effort, the start of a public information and education campaign, or reporting on a crash where distracted driving was a contributing factor. – Compelling Headline. The headline should be direct, informative, and grab the audi- ence’s attention. It should be information rich and understandable; make sure to include keywords. It should also be brief, keeping in mind character limitations of different dis- tribution platforms (e.g., Twitter: 71 to 100 characters, Google: 60 characters, Facebook: 40 characters). – Informative Introductory Sentences. Include who, what, where, when, and why in the first few sentences of the body of the message. The remaining content should be supporting information. – Customized Tone and Talking Points: � Tailor the message so that it resonates with the target audience. Use language the audience will clearly understand. � Modify the message so it reflects the agency relaying the message. For example, certain messages are more appropriate when coming from law enforcement, others when coming from practitioners and other safety advocates. Key Components of a Well- Designed Message 28PUBLIC INFORMATION AND EDUCATION Relevant Timing  Should coincide with an event. Compelling Headline  Should be direct, informative, and grab the audience’s attention. Informative Introductory Sentences  Include the who, what, where, when, and why in first few sentences. Customized Tone  Tailored to the audience.

Presentation for Law Enforcement Officers G-31 Slide 30 • Key components of a well-designed outreach message include: – Use of Quotations as Support. Supplement the facts with supporting quotes. A strong quote can make the message more compelling and can add a personal or emotional angle. – A Clear Call to Action. Have a goal in mind when developing the message, and clearly state what you want the audience to do or take away from the information. Provide hyperlinks to additional information and provide contact information for follow-up questions. – Limits on Length. To reduce the risk of losing the audience’s attention, keep the message brief. Typically stay between 400 and 600 words. – When Possible, Use Multimedia. When possible, enliven the message by adding multimedia elements, including photos, videos, and infographics. Key Components of a Well- Designed Message 29 Use Quotations as Support  Supplement facts with supporting quotes. Have a Clear Call to Action  Have a goal in mind when developing the message. Be Conscientious of Length  Keep the message brief to reduce risk of losing the audience. When Possible, Use Multimedia  Make the message more compelling by using multimedia. PUBLIC INFORMATION AND EDUCATION

G-32 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 31 Data-Driven Approach “If you can’t measure it, you can’t improve it.” PETER DRUCKER 30

Presentation for Law Enforcement Officers G-33 Slide 32 • Continuous and periodic evaluation of the impact of the electronic device use enforcement and education program is essential to sustaining its success. • Effective programs track success, identify limitations, and direct future activities. • Crash, citation, and observational survey data allow you to monitor progress and identify areas for increased enforcement and education. – As an example, Ohio DOT and the State Highway Patrol worked together to identify high-risk areas based on crash data, then created safety corridors with signs, high rates of enforcement, and education at neighboring schools/communities. The program also includes ongoing evaluation. • Note: The figure in the slide is the weighted percentage of adults aged 18 through 64 years who reported that they had talked on their cell phone while driving at least once and read or sent text or email messages while driving at least once in the past 30 days, by sex and age group. (Centers for Disease Control and Prevention 2011). Data-Driven Enforcement  It is important to use local data on electronic device use while driving to direct enforcement activities.  Relevant data sources include: • Crash data identifying electronic device use, since the distraction issue on crash reports can quantify and identify at-risk locations and populations. • Citation data to plan enforcement and outreach activities. • Observational surveys of electronic device use, which can be helpful for identifying at-risk groups. 0DATA-DRIVEN APPROACH

G-34 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 33 • Data may be used to set specific and measurable goals, such as increased enforcement hours, reduction in observed use of electronic devices, or modest reduction in distracted driving. Examples of specific and measurable goals include those in quotation marks in the following: – “Electronic device use by law enforcement and agency personnel will be 0%.” This is critical as law enforcement officers and community leadership will become the face of the elec- tronic device use program and as such should serve as role models. – “Decrease electronic device use in the community from X% to Y% by Z date.” A typical objective may be a decrease in the range of 3 to 5 percentage points, but this may be revised once this goal is met. – “Reduce the number of distracted driving fatal and serious injury crashes by X%.” • Modest targets could be appropriate here because the number of crashes in smaller communi- ties are few in a given year. Note: Each year’s crash totals should be compared to an average of the previous 3 to 5 years of crashes to reduce errors that may occur due to unusually high or low numbers of crashes in a given year. Measurable Outcomes 1  Data may be used to set specific and measurable goals.  Performance indicators that may be used by program leaders as measurable outcomes include:  Observed decrease in electronic device use while driving.  Reductions in serious injury and fatal crashes involving electronic device use/distracted driving.  Reductions in electronic device use violations issued.  Increase in public awareness. DATA-DRIVEN APPROACH

Presentation for Law Enforcement Officers G-35 Slide 34 • Data are also used to track program success. Performance Measures  Data may also be used to monitor and evaluate the success of the program. Measured changes in behavior can direct changes in actions or redirection of program efforts.  Possible evaluation measures include:  Monthly statistics of electronic device use citations and warning violations.  Distracted driving crash statistics.  Observational electronic device use surveys.  Public awareness surveys. 2DATA-DRIVEN APPROACH

G-36 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 35 Officer Safety “Safety is something that happens between your ears, not something you hold in your hands.” JEFF COOPER 3

Presentation for Law Enforcement Officers G-37 Slide 36 • Distracted driving is also a safety concern for law enforcement. In addition to the numerous distractions in the patrol car, officers can also be distracted by their personal cell phones. Officer Safety  Distracted driving is a common problem for law enforcement officers:  Patrol vehicles contain numerous distractions, including the radio, onboard computer, sirens, lights, and other in-car technologies.  Officers also use their personal cell phones or other electronic devices.  The electronic device use law will often have exemptions for emergency personnel; however, it is still an unnecessary risk to officer safety. 4OFFICER SAFETY

G-38 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 37 • Following are examples of efforts to increase officer safety: – After several posts in social media pointing to excessive use of electronic devices by patrol officers, Washington State developed a special training module, Training, Research, and Education for Driving Safety (TREDS), with UC San Diego. This program discussed the importance of serving as role models for the public and the dangers of distraction. Wash- ington State has ongoing training for law enforcement using the training module. – New York State Police – Officer Safety Campaign � Policy: Allows hands-free phone use under exigent circumstances but prohibits texting while the vehicle is in motion. � Education: Developed an officer-focused driver safety campaign. The education program included the message “Think-Drive-Survive” and examples of officer injuries/crashes, using the screen of the mobile data terminal in the patrol vehicles. Also adopted the “Below 100” program aimed at reduction of officer deaths in crashes. � Technology: Implemented new technologies to reduce distractions in patrol cars. New technologies included voice-activated technologies for sirens, lockout of keyboards while vehicle is in motion, auto-reply to text messages that say the officer is driving. – Case studies from the IACP Distracted Driving Toolkit (International Association of Chiefs of Police 2019). Efforts to Increase Officer Safety 5  Accountability for distracted driving within the agency will increase officer safety as well as serve as a model for the public.  Several law enforcement agencies set internal policies restricting electronic device use in patrol vehicles.  Others use strategies that combine policy, education, and technology.  By reducing electronic device use, police officers set an example for safe driving. OFFICER SAFETY

Presentation for Law Enforcement Officers G-39 Slide 38 Feedback and Motivation “A team is a group of individuals who support each other.” JEFFREY BENJAMIN 6

G-40 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 39 • Although most law enforcement agencies require regular personnel evaluation procedures, they may be infrequent. Feedback must be prompt enough to allow for adjustment in effort. During a distracted driving enforcement effort, officers must be kept aware of the changing trends so they can address them properly. • By keeping everyone informed of situations in the field, leaders can properly allocate resources to most effectively meet program goals. Regular meetings and reviews of performance enhance accountability throughout the agency, demonstrate the support of agency leadership for the program, and ensure that the program’s initiatives are fully implemented and remain a prior- ity throughout the agency. Feedback and Motivation  Feedback and motivation will enable you to allocate resources effectively, demonstrate the support of agency leadership for the program, and ensure that the program’s initiatives are fully implemented and remain a priority throughout the agency.  Regular feedback will allow for adjustment of enforcement activities.  During high-visibility mobilization periods, keep your officers aware of changing trends so they can address them properly.  Periodic review of data on crashes and citations can serve as the basis for feedback. 7FEEDBACK AND MOTIVATION

Presentation for Law Enforcement Officers G-41 Slide 40 • In previous work with law enforcement agencies, examples were identified of opportunities used to provide feedback to officers and exchange ideas: – Quarterly strategic advancement forum (SAF) meetings. – Weekly meetings within a traffic unit. – The use of a simple white board with the header “We Are Making a Difference” and traffic safety statistics for the agency recorded on a weekly basis. – Monthly emails from command staff or the program leader reporting the data to help demonstrate the impact their efforts have made. – Periodic performance reviews with sergeants and line officers to provide opportunities for the leader of the program to evaluate level of effort. Feedback and Motivation 8 Opportunities used to provide feedback to officers and exchange ideas: Quarterly strategic advancement forum (SAF) meetings. Weekly meetings within a traffic unit. Weekly updates on traffic safety statistics on an agency white board under the header “We Are Making a Difference.” Monthly emails from command staff or the program leader reporting the data to help demonstrate enforcement impact. Periodic performance reviews with sergeants and line officers to evaluate level of effort. FEEDBACK AND MOTIVATION

G-42 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 41 • A successful traffic safety program requires that officers be motivated to meet the goals and objectives identified in the strategic plan. Recognizing the efforts and accomplishments of officers can encourage them to take initiative and strengthen their commitment to the pro- gram. Program leaders can employ a variety of incentives customized to the needs of the officers and community. Incentives do not have to be elaborate; the most effective incentives can be simple recognition presented in front of peers. • These incentives can include: – Publicly recognizing individual officer’s or units’ exemplary efforts. – Offering overtime funds during electronic device use mobilization given to officers who have high levels of performance throughout the year. – Providing additional traffic safety equipment (breathalyzers, speed measuring devices, etc.). – Distributing recognition in the form of plaques, certificates, coins, pens, or gold stars on weekly or agency-published reports. – Recognizing efforts at the national, state, county, or local level, such as: � International Association of Chiefs of Police National Law Enforcement Challenge. – Allocating state highway safety offices’ funds for electronic device use mobilizations. – Spotlighting enforcement efforts on radio, TV, or print media. Feedback and Motivation Program leaders can employ a variety of incentives customized to the needs of the officers and community: • Publicly recognizing individual officer’s or units’ exemplary efforts. •Offering overtime funds during electronic device use mobilization. • Providing additional traffic safety equipment. • Distributing recognition in the form of plaques, certificates, coins, pens, or gold stars on weekly reports or agency published reports. • Recognizing efforts at the national, state, county, or local level. • Allocating state highway safety offices’ funds for electronic device use mobilizations. • Spotlighting enforcement efforts on radio, TV, or print media. 9FEEDBACK AND MOTIVATION

Presentation for Law Enforcement Officers G-43 Slide 42 10 Learn More: NHSTA Distracted Driving https://www.nhtsa.gov/risky-driving/distracted-driving IACP Distracted Driving Toolkit https://www.theiacp.org/resources/document/distracted-driving-toolkit GHSA Distracted Driving Laws – U.S. https://www.ghsa.org/state-laws/issues/distracted%20driving

G-44 Using Electronic Devices While Driving: Legislation and Enforcement Implications Slide 43 1 Learn More: CAA Distracted Driving Laws https://www.caa.ca/distracted-driving/ World Health Organization https://www.who.int/violence_injury_prevention/publications/road_traffic/dis tracted_driving_en.pdf?ua=1 Drop It and Drive https://diad.tirf.ca/