ST. JOHN'S, N.L. - The government of Newfoundland and Labrador is urging all Canadian provinces to follow its lead by banning the use of hand-held cellphones while driving.
It's been four years since Newfoundland and Labrador became the first and only province to charge drivers who use their phones.
"I would like to see all of the provinces across Canada to certainly take it seriously," said Government Services Minister Dianne Whalen.
"It needs to go right across the country."
Public debate surrounding such legislation has picked up recently. Last week, Alberta Premier Ed Stelmach said he would consider introducing a ban, just as the New Brunswick government signalled it was putting the idea on the back burner.
In July, Quebec said it would bring in a law this fall prohibiting drivers from using hand-held cellphones, one month after an advocacy group representing doctors in Nova Scotia urged that province to adopt similar legislation.
Ontario has introduced a bill to ban the use of cellphones and MP3 players among new drivers, though it has remained at the committee stage for nearly a year.
June Layden, acting superintendent of the Royal Newfoundland Constabulary, believes some provinces have been hesitant to embrace the legislation because of concerns over court challenges and enforcement.
Since the law took effect in the province on April 1, 2003, there have been 831 convictions under the law, according to the government. It has also withstood at least two appeals, including one where a driver argued he wasn't talking on the cellphone when he was spotted in his car with it held to his ear.
The Supreme Court of Newfoundland and Labrador rejected the challenge, ruling if drivers appeared to be using cellphones, they could be charged.
"That will make it now somewhat easier for other provinces because there is court precedence," Layden said.
"While a decision from the Supreme Court of Newfoundland is not compelling on a court in, for instance, Alberta, it is an inference."
Collision statistics suggest the law appears to have had a small effect on reducing traffic accidents in the province.
From 2003 to 2005, the most recent year available, the number of collisions dropped by eight per cent.
But some groups say the law does little to address the larger problem of distracted driving, and could actually encourage riskier habits.
"If people say, 'Well, I can't use my cellphone, so I'm going to BlackBerry somebody or text message somebody instead,' then we've actually made the situation potentially worse," said Raynald Marchand, general manager of programs for the Canada Safety Council.
"We recognize that, as others, it is a distraction, but whether it's hand-held or hands-free, there's not much difference. It's really the conversation, the depth of that conversation, that's distracting."
Drivers in Newfoundland have gradually changed their habits, increasingly using hands-free devices, which are legal, instead, Layden said.
"It's the same as seatbelts. People tend to comply more when they get in the habit of compliance," she said.
Drivers using hand-held cellphones risk a fine of up to $400 and four demerit points. They could also face two to seven days in jail if they fail to pay the fine.
More than 30 countries have outlawed the use of hand-held cellphones while driving, including Australia, Germany and Japan.
