Ottawa police want distracted driving law to apply to cyclists

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An Ottawa police traffic sergeant has asked the province to change the wording of proposed distracted driving legislation so that police can lay charges against cyclists using their cellphones on Ottawa streets.

Sgt. Mark Gatien of the traffic enforcement unit made submissions to the provincial committee overseeing Bill 31 this week asking for clear language governing not only cellphone use but also how tinted vehicle windows can be.

The currently proposed wording in the bill is to ban cellphone use by an operator of a “motor vehicle,” but Gatien would like to see that changed to “vehicle” to include bikes and road-building machines.

The officer said the force has received many public complaints about cyclists talking or using the phones while riding their bikes.

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Gatien also asked that amendments be made to the legislation surrounding tinted windows. As the legislation stands, it’s very difficult for police to get a conviction because the infraction isn’t well-defined. Gatien wants to measure the window tint with a photometric metre — a device that generates its own light and then measures how much light passes through the tinted window — and have the legislation allow any result below 70 per cent on the metre be applicable to fine, if the officer deems necessary.

A basic rule police would like pedestrians to follow when sharing roads is to make eye contact with a driver of a vehicle who’s about to turn the corner before stepping onto the road. But, pedestrians would say, often the dramatic tint on windows made that next to impossible. Tinted windows also shield drivers who continue to use their phones while driving, Gatien says. On an officer safety level, it’s also concerning.

“As we’re approaching the cars, windows are getting darker and darker and darker,” Gatien says. “As we approach on a traffic stop, there could be a gun waiting behind the window. I can’t see through the window to see what’s going on in there.

The committee will review the submissions.

syogaretnam@ottawacitizen.com

twitter.com/shaaminiwhy



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