Developing technology-neutral road rules for driver distraction

Bike riders are in a unique position on the road – we continually pass cars as we ride and we can see into them. Sadly, what we see is more than just driving.

In February 2019 Bicycle Network outlined recommendations to address distracted driving in a submission to the National Transport Commission who are investigating ways to regulate the safe use of technology devices as part of the road rules.

The recommendations were based on responses to a survey about distracted driving from more than 2,000 bike riders who shared their experiences and thoughts.

After assessing responses from the survey it became clear that Australian road rules, regulation and enforcement have not kept pace with the convergence of technology, lifestyles and vehicles.

Bicycle Network’s submission included eight recommendations to address and prevent any activity that diverts the driver’s attention away from the road and puts vulnerable road users at risk.

Culpable driving laws need to change

Enough is enough. Culpable driving causing death to be the charge for anyone who kills a person while using a mobile phone and driving.

We need stronger laws to change public perception and make people realise that using a phone while driving a car is unacceptable. It should be treated the same as drink-driving.

It means that using a mobile phone while driving will carry the same 20-year maximum penalty as manslaughter. 

We’ve been calling for mobile phone use to be recognised as culpable driving since 2001 when Anthony Marsh was killed while riding when Silvia Ciach sending a text crashed into him. This has not happened and driver behaviour has got worse.

The law also needs to recognise that distraction continues after you’ve sent the message or finished the conversation and work needs to be done to determine the rules. Clearly the courts aren’t going to make this happen. We need parliament to show leadership and say enough is enough.

.