Most regulators have found themselves in a struggle to maintain passenger safety in a world full of distractions that continues to evolve with never ending technological developments. In an attempt to put safety first, many regulators have responded by requiring taxicab drivers to put their cell phones down.

In Chicago, rules have been enacted since 2000 which prohibit public chauffeurs from using either handheld or hands free cellular devices while vehicles are in motion.The cost of violating these laws can lead to the imposition of a gradation of fines and possible license suspension along with mandatory training classes, a physical examination, and a drug test. On the West coast, Seattle also prohibits the use of cell phones by taxicab drivers while passengers are in the vehicle with various levels of fines as well as points assigned to both the driver and the Taxicab Association.

As industry members, leaders or regulators, you may all have read of the New York City TLC’s recent proposal of enhanced actions to curb distracted driving in our regulated industries. In brief, the proposal calls for a move from “five strikes and you’re out” to “three strikes and you’re out” license revocations as well as mandatory safety courses, license suspensions and an outright ban on drivers wearing hands free ear devices (e.g. Bluetooth devices).

In the U.S., there is much attention recently being paid to the issue of distracted driving including:

• a major multi-part series on the cover of the New York Times,
  
  
  
• various university and governmental studies equating hands free cell phone use with DUI (Driving While Under the Influence),
  
  
  
• proposed Federal legislation and State laws being passed around the country.

Although NYC’s approach has enjoyed great editorial support and has been embraced by passengers, the trend – both nationally and internationally – appears to be towards further safety regulations on this front. At this point, sixteen (16) US states have banned the use of handheld cell phones for all motorists and nineteen (19) US states have banned all drivers from texting.

The National Safety Council (NSC) has called on businesses, governors, and legislators in all fifty (50) states to pass laws banning cell phone use while driving. Similar enforcement approaches were taken recently in Ontario, Canada’s most populated province when Transportation Minister, Jim Bradley, called for new legislation which banned the use of hand held cell phones and text messaging while driving at the cost of $500 for each infraction. Newfoundland, Labrador, Quebec, and Nova Scotia also have analogous bans while Manitoba, British Columbia, and Saskatchewan are expected to follow shortly.

Distracted driving also became a highly nationalized issue in the US when the Transportation Secretary, Ray LaHood, and the US Department of Transportation received high acclaim and an astounding amount of support for a Distracted Driving Summit that was held from September 30 through October 1, 2009.The summit was an attempt to bring together senior transportation officials, elected officials, safety advocates, law enforcement representatives, private sector representatives, and academics to address this increasingly imminent issue. On the European front, I am sure many of you saw the dramatic and frightening commercial released from the UK this summer as part of a recent government based public advisory campaign to highlight the dangers of texting while driving. If not, here is the link:

http://www.autoblog.com/2009/08/26/video-uk-textingwhile-driving-psa-is-a-return-to-blood-on-the/

In the EU using a handheld cell phone has been illegal since 2003 with a fixed penalty of 60 Euros and three points but if the case goes to court you can have your license revoked and have an increased fine of up to 2,000 Euros.

It is for the reasons stated above that I found myself, almost literally, in a state of shock over the news from Korea that a court ruling has overturned Korean regulators’ prohibition of taxicab drivers watching television while driving despite this practice being labeled as a factor in 200 accidents leading to three fatalities and 351 injuries last year. The ruling was the court’s response to a challenge to a $507 fine brought by a single driver against the establishment.

Coverage suggests that drivers have flocked to install TV receivers to beat the boredom that comes with being stuck in the massive traffic congestion of Seoul, Korea. Reuters video reports some cabbies swear that they do not watch TV while actively driving, although they legally can, while others admit to the practice while sharing concerns for their own safety. I am sure there are many regulators that are subject to strange legal rulings, but with all due respect to Korean jurisprudence, this situation seems outright bizarre.

The takeaway from this, I think, is easy to see…..before you judge a regulator’s proactive efforts to put an end to distracted driving take a moment to think about the consequences of ignoring this growing problem.The mountain of evidence about distracted driving grows day-by-day. Dare we wait any longer?

I intend to discuss this issue more fully with our IATR members and look into whether any collective efforts or information sharing would be of interest to and benefit us all in the near future.