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LCQ12: Using smart phones/devices while driving
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     Following is a question by the Hon Frankie Yick and a written reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, in the Legislative Council today (May 31):
 
Question:
 
     Under the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg. G), it is an offence for a driver to use a mobile phone while holding it in his hand or between his head and shoulder if the motor vehicle being driven by him is in motion.  Recently, quite a number of members of the public have relayed to me that some taxi drivers placed a tablet or several mobile phones on the dashboard of their vehicles and operated those mobile communication devices with their fingertips while they were driving, endangering the safety of passengers and other road users.  However, such behaviours are not regulated by the existing legislation.  In this connection, will the Government inform this Council:
 
(1) of the numbers of traffic accidents in each of the past three years arising from drivers being distracted by using mobile communication devices such as mobile phones or tablets while driving, and the resultant casualties of such accidents;
 
(2) as the authorities indicated in reply to my question on April 29, 2015 that the Road Safety Research Committee under the Road Safety Council had been invited to conduct a study on whether the restrictions on the use of mobile phones by drivers while driving should be tightened further, of the latest progress of that study, and whether any study would be conducted on tightening the restrictions on the use of tablets by drivers while driving; and
 
(3) whether it will consider enacting legislation to impose restrictions on the number of tablets and mobile phones that may be placed by a driver on the dashboard of a vehicle; if so, of the details; if not, the reasons for that; and whether it has measures in place to avoid traffic accidents arising from drivers being distracted by using such devices while driving; if there are such measures, whether it has assessed the effectiveness of such measures?
 
Reply:

President,
 
     To ensure road safety, drivers should always drive attentively and avoid being distracted.  Therefore, drivers should avoid using smart phones/devices as far as possible.  The Road Traffic Ordinance (Cap. 374) has set out stringent provisions on "dangerous driving" or "careless driving".  If a driver uses a smart phone or other devices (including a tablet) while driving, or use such equipment in any way that affects his driving, he may have committed the "dangerous driving" or "careless driving" offence, irrespective of whether his driving has caused a traffic accident.
 
     My reply to the various parts of Hon Frankie Yick's question is as follows:
 
(1) According to the statistics of the Transport Department (TD) and the Police for the past three years, there were two traffic accidents in 2014 involving drivers using mobile phones while driving, resulting in six injuries.  There were no such accidents in 2015 and 2016.  The TD and the Police do not possess statistics on traffic accidents involving drivers using tablets and other smart devices while driving.
 
(2) and (3) The Government notes the concern of society about drivers placing several smart phones on the dashboard.  We understand that drivers may have practical needs for using smart phones/devices, for example, for obtaining navigational information or looking for carparks with vacant parking spaces through mobile apps.  The TD, the Police and the Road Safety Research Committee under the Road Safety Council are currently studying this topic, including understanding relevant overseas legislation and researches, reviewing the latest development in smart phones/devices (including tablets) and their mode of use (such as voice command technology), and examining options on restricting the position and number of smart phones/devices placed by drivers inside the vehicle compartments.  In studying further restrictions on drivers' use of smart phones/devices, we will take into account relevant factors such as social needs and development of technology application, etc.  Once there are specific proposals, we will consult different stakeholders at an appropriate juncture.
 
     Apart from regulating drivers' use of smart phones/devices through legislation and enforcement, the Government also attaches great importance to continuous publicity and education on road safety.  Publicity campaigns undertaken by government departments and the Road Safety Council cover the theme of "Driving Attentively", which is promoted by means of announcements in the public interest, promotional flyers and carnival activities, etc.  Through regular meetings with the transport trades, the TD has also called on commercial drivers to drive attentively and avoid using smart phones/devices while driving.
 
Ends/Wednesday, May 31, 2017
Issued at HKT 15:00
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