Mobile Phones and Driving

Hidayatullah National Law University,

Raipur, Chhattisgarh.

ENGLISH PROJECT

Date of Submission: 25 October 2018

Submitted To: Submitted By:

Mr. Jeevan Sagar, Prashant Kerketta,

Faculty, English Roll no. 119

Section B,

Semester 1

B.A.L.L.B (Hons.)
 Declaration

I hereby declare that this research work titled “Mobile Phones and Driving” is my own

work and represents my own ideas, and where others’ ideas or words have been included, I

have adequately cited and referenced the original sources. I also declare that I have adhered

to all principles of academic honesty and integrity and have not misrepresented or fabricated

or falsified any idea/data/fact/source in my submission.

Prashant Kerketta

Roll no. 119,

Section B

Semester 1st,

B.A.L.L.B (Hons.)
 Acknowledgement

It gives me immense pleasure to write this project “Mobile Phones and Driving”.

Firstly, thanks to the Almighty who gave me the strength and determination to put all my

endeavors into this work.

Secondly, I’d like to thank our English Faculty, Mr. Jeevan Sagar for allotting such an

enlightening topic and for all the help and co-operation extended by her in helping scrutinize

the same.

Thirdly, I’d like to thank my parents and friends for all their constant support without which

this venture would not have been possible.

Last but not the least, I would like to thank my respected seniors for extending their help in

finding the information and articles required for the work.

Prashant Kerketta

Roll no. 119,

Section B,

Semester 1,

B.A.L.L.B (Hons.)
 Abstract

“Mobile Phones and Driving”-

Drivers who use a mobile phones, whether hand-held or hands-free aremuch less aware of

what’s happening on the road around them and also they fail to see road signs, fail to

maintain proper lane position and steady speed, react more slowly, take longer to break and

longer to stop.

Using mobile phones can cause drivers to take their eyes off the road, theirhands off the

steering wheel, and their minds off the road and the surroundingsituation. It is this type of

distraction – known as cognitive distraction – whichappears to have the biggest impact on

driving behaviour. There is a growingbody of evidence that shows that the distraction caused

by mobile phonescan impair performance in a number of ways, e.g. longer reaction

times(notably braking reaction time, but also reaction to traffic signals), impairedability to

keep in the correct lane, shorter following distances, and an overallreduction in awareness of

the driving situation.

 Contents

Introduction 1

Mobile Phone While Driving Increases Accident Risk 2

Mobile Phone Accidents- Experience of India 3

Restrictions on Use of Cell Phones While Driving 4

Distraction 5

Hands-Free 7

Texting 8

Talking on Cell-Phone vis-a-vis Talking with Co-Passenger 9

Traffic Offences and Penalties in India 11

Mobile Phones and Driving Legislation 12

Safe Driving Tips For Mobile Phones and Other Devices 13

Conclusion 16

References 17

Introduction
Distraction in traffic is another risk and is becoming an increasing concern among policy-

makers. Most research and attention in this area relates to driver distraction, largely because

of drivers’ increasing use of mobile phones. However, the extent of the problem of driver

distraction – including that created by mobile phones – and its contribution to risky driver

behaviour and road traffic crashes is not very well known, even in countries with a good road

safety record.

Every year nearly 1.3 million people die and 50 million are injured asa result of road traffic

crashes. These deaths and injuries have animmeasurable impact on families and communities

as they tragicallyand irrevocably change people’s lives. In addition to the huge emotionaltoll

these injuries exact, they also cause considerable economic loss tocasualties, their families

and nations as a whole.Road traffic injuries affect all age groups, but their impact is

particularly strikingamong the young – they are the leading cause of death worldwide

amongthose aged 15–29 years. Trends suggest that between now and 2030, roadtraffic

injuries will rise from being the ninth leading cause of death globally tobecome the fifth. This

rise is particularly driven by the dramatic increase inmotorization in a number of low- and

middle-income countries – an increasethat now demands improved road safety strategies and

land-use planning.
 Mobile Phone While Driving Increases Accident Risk

One study suggests that the risk of being involved in acollision is four times higher when

using a mobile phone than when not using one. However; it is difficult to quantify

theincreased risk because of the lack of accident data concerningthe use of mobile phones.

This is due to the fact that in theUK, and most other countries, the presence or use of a

mobile

Phone in a vehicle is not recorded, except sometimes in very serious accidents.

The number of States in the USA that arebeginning to record mobile phone use in their

accident datasystems is increasing, and, consequently, it seems likely thatbetter data will

become available.Despite the lack of data, there is nevertheless evidence

fromepidemiological studies and from accident reports thatdrivers who use mobile phones

while driving have higheraccidents rates than those who do not.As the use of mobile phones

is growing so rapidly, it is verylikely that they will become an increasingly common cause

ofroad crashes.
 Mobile Phone Accidents - Experience of India

Every year nearly 1.4 million people have been killed because of they are wireless customers
and their over-bearing cell phones. While in India, an estimated 1.35 lakhs person died due to
road accident in 2010, which is approximately 10% of road accident fatalities worldwide and
these figures are the highest in the world. But still no research has been carried out to find the
number of drivers using cell phone involved in road accident and very limited efforts has
been carried out to prevent accident due to cell phone usage. To our knowledge this is the
first survey carried out in India to determine the number of drivers involved in an accident
due to mobile phone use. With the aim of preventing such accidents, it is proposed to develop
a highly efficient automatic system for early detection of incoming and outgoing call, by
placing an antenna along with mobile detection unit above the driver seat. This unit is capable
of distinguishing whether the cell phone used either by the driver or by the passenger, if the
driver uses of cell phone is detected, a safety application named Cell phone Accident
Preventer (C.A.P.) which is developed using J2ME will be automatically load on the driver's
cell phone which helps in eliminating the risk of accidents from occurring, at the same time
ensuring that the user does not miss any emergency call. The research has been extended to
show how far the system will help in preventing accidents and to what extent this system will
help in reducing the Indian economic loss incurred unnecessarily due to road accident
fatalities1.

1
H Abdul Shabeer, Wahida Banu, Mobile Phone Accidents – Experience Of
India,https://www.researchgate.net/publication/267860912_Mobile_Phone_Accidents_-_Experience_Of_India
 Restrictions on Use of Cell Phones While Driving
–A Global Overview

Internationally, forty six countries have banned cell phone use while driving. Neither Canada

(except for Newfoundland and Quebec) nor the United States are among the countries

restricting use.

In the United States, some of the states have strict cell phone regulations for novice drivers

prohibiting them from talking on a cell phone while driving. Novice drivers are those with

learner’s permit and restricted driving privileges. Some of the state’s ban texting while

driving while others do not allow certain occupational drivers like drivers of school bus to

use the cell phone while driving.

Depending on the jurisdiction, a person may be ticketed for using the cell phone even if they

have not committed any other traffic offence. Use of cell phone while driving may impact the

amount of damages a person is eligible to receive in a lawsuit. A person may receive less in

damages if he was talking on a cell phone, even if he did not cause the accident. This is

particularly true in states with comparative fault liability.

 Distraction

The mobile phone distracts drivers in two ways: it causes physical distraction and cognitive

distraction. Physical distraction occurs when drivers have to simultaneously operate their

mobile phone (i.e. reach, dial, hold) and operate their vehicle. Cognitive distraction occurs

when a driver has to divert part of his/her attention from driving to the telephone

conversation. However, the ability to divide one’s attention between two simultaneous tasks

is limited.

Mobile phone use while driving could therefore negatively affect driving performance. The

results of epidemiological studies strongly suggest that using a mobile phone while driving

can increase the risk of being involved in a road crash up to four times.

The possible ‘impairment potential’ of mobile phone use while driving has been the focus of

various behavioural studies. This review only includes studies published from 1999, because

studies published prior to 1999 have already been analysed in a previous SWOV report

(1998).

For the purpose of this review, based on the research methodology (degree of realism and

closeness to real-world driving), the analysed studies are grouped in:

1. Simulator studies

2. Closed-track studies (test-track studies)

3. Studies on the real road

The distractive effects of mobile phone use depend on the momentary context of driving.

Phone use during undemanding driving periods may not seem to be a problem. However,

both the demands of the driving context and the content and demands of the mobile phone

conversation play a role in this process. The level of complexity of the phone conversation
(its cognitive demands) is the important factor that also determines the extent of the effect of

the phone conversation on driving performance.

Although studies differ with regard to the extent of behavioural changes found, most of them

confirmed the fact that using a mobile phone while driving negatively affects various aspects

of driver performance.
 Hands-Free

Contrary to popular belief, studies suggest that driving while using a hands-free device is not

safer than driving with a hand held cell phone. The process involving the “holding of a

conversation” and not the use of hands, causes the increased risk. A study by the Transport

Research Laboratory, with a driving simulator, concluded that hands-free phone

conversations impair driving performance more so than other distractions such as

conversations with a passenger.The increased crash risk in both hands-free and hand held cell

phone use is at odds with legislation in many locations that prohibits hand held cell phone use

but allows hands-free. Since dialing buttons on a cell phone is more distracting than talking

on a cell phone, hands-free devices that offer voice-dialing may reduce the increased risk to a

limited extent

Compensatory behaviour when using mobile phones

There is some evidence to suggest that drivers may exhibit what is termed“compensatory

behaviour” while they are distracted. For example, they may slow their average driving speed

while using a hand-held phone and/or increase following distances, both of which could

reduce the risk of acrash. Interestingly, some limited evidence suggests that drivers using

hands-free phones are less likely to show such compensatory behaviourcompared to those

who drive and use hand-held phones. This may bebecause the physical presence of a hand-

held phone acts as a reminder tothe driver of the potential safety threat posed by the use of

the phone.
 Texting

There is limited scientific literature on the dangers of driving while sending a text message

from a cell phone. A study by the Monash University Accident Research Centre pointed to

strong evidence that retrieving and, in particular, sending text messaged has critically

detrimental effect on a number of safety critical driving measures. A separate study at the

University of Utah found a six fold increase in distraction-related accidents when texting. The

reason for the lack of scientific studies may be because of the general assumption that if

talking on a cell phone increases risk, then texting also increases risk. According to a study,

89% of U.S. adults think that text messaging while driving is “distracting, dangerous and

should be outlawed.” This has been supported by legislatures, and is evident from the fact

that most countries and states that ban hand-held cell phones while driving also ban texting

while driving.

Effect of text messaging on driving behaviour

The effects on driving behaviour of sending or receiving text messages are potentially very

important. While there is still a lack of research in this area, existing studies (mostly

experimental) suggest that text messaging leads to increased cognitive demands in order to

write text messages, physical distraction resulting from holding the phone, and visual

distraction that results from creating or reading messages: these in turn impact on critical

driving tasks. For instance, one experimental study found these results among drivers

who were text messaging,The amount of time that drivers spent with their eyes off the road

increasedby up to 400% when retrieving and sending text messages and Drivers made 28%

more lane excursions and 140% more incorrect lanechanges when sending and receiving text

messages; texting driversdid attempt to compensate for distraction by increasing their

followingdistances or reducing their speed.

 Talking on Cell-Phone vis-a-vis Talking With Co-Passenger
Studies have produced mixed results on the dangers of talking on a cell phone versus those of

talking with a passenger. The common belief is that passengers are able to better regulate

conversation based on the perceived level of danger, therefore the risk is negligible. A study

by a University of South Carolina found that planning to speak and speaking put far more

demands on the brain’s resources than listening. On measuring the attention levels, it was

seen that subjects were four times more distracted while preparing to speak or speaking than

when they were listening.

However, a 2004 University of Utah simulation study that compared passenger and cell-

phone conversations concluded that the driver performs better when conversing with a

passenger because the traffic and driving task become part of the conversation. Drivers

holding conversations on cell phones were four times more likely to miss the highway exit

than those with passengers, and drivers conversing with passengers showed no statistically

significant difference from lone drivers in the simulator. In contrast, the University of Illinois

meta-analysis concluded that conversations with fellow passengers were just as costly to

driving performance as cell phone ones. American Automobile Association (AAA) ranks

passengers as the third most reported cause of distraction-related accidents at 11 percent,

compared to 1.5 percent for cell phones. A simulation study funded by the American

Transportation Research Board concluded that driving events that require urgent responses

may be influenced by in-vehicle conversations and that there is little practical evidence that

passengers adjusted their conversations to changes in the traffic. The study concluded that

drivers’ training should address the hazards of both cell phone and passenger conversations2.

2
The Use of Cell Phones While Driving, http://automobiles.uslegal.com/driving-distractions/the-use-of-cell-
phones-while-driving/.
Is a conversation on a mobile phone any different from conversing with a
passenger in the vehicle?

Some research suggests that the impact on driving performance of talking on a mobile phone

is similar to that of holding a conversation with a passenger. However, other more recent

studies suggest that there is a significant difference between these two situations, with a

higher risk of distraction and effect on driving behaviour for those using a mobile phone

compared to those conversing with a passenger.

Studies have shown that reaction. times are slower among drivers talking on a phone than

among those talking to a passenger This appears to be because the passengers are more aware

of the driving situationand road environment, and can moderate, adapt or delay the

conversation during challenging driving circumstances, a phenomenon that does not occur

during phone conversations. However, this does not mean that a conversation with a

passenger does not have distraction potential too. Various studies have shown that young

drivers’ crash risk is significantly increased by the presence of similarly aged passengers in

the vehicle.
 Traffic Offences and Penalties in India

The Indian Road rules, titled "Rules of the Road Regulation", were brought into effect since

July, 1989. These rules are germane to the Indian drivers (all inclusive of two, three and four

wheelers), while on the road to ensure an orderly traffic and a safer journey. Violation of

These "Rules of Road Regulation" is a punishable transgression as per the city specific traffic

police rules and the "Motor Vehicle Act".

Enforcement of these traffic laws - rules, regulations and acts can bear out the road accidents.

These laws are enforced by issuing challans in the name of the offenders and teaching them a

lesson by making them pay penalties3.

2.9 OFFENCESMaximum Penalty SECTION

132/179
2.9.1 Disobeying Lawful Directions. Rs. 500/-
MVA
Rs.2000/-
and/or
2.9.2 Driving under influence of Alcohol / Drugs. 185 MVA
imprisonment
( 6 months)
2.9.3 Using Mobile Phone while Driving. Up to 1000/- 184 MVA
138(3)
2.1.4 Seat Belts not fastened. Rs. 100/- CMVR
177 MVA

3
Road Safety In India, http://www.indiandrivingschools.com/traffic-offences-and-penalties.php.
 Mobile Phones and Driving Legislation

At least 35 countries, plus many States or Districts within countries, have introduced

legislation to prohibit drivers from using mobile phones while driving, and several more

countries are considering such legislation. In the vast majority of cases, the legislation applies

only to the use of hand-held mobile phones, although in two cases, using hands-free mobile

phones while driving is also banned. Only Japan has published an evaluation of the effect of

its legislation on accidents involving drivers using mobile phones. Its results show a

substantial reduction in accidents involving mobile phone use (–52%), in the number of

people injured in such accidents (–53%) and the number of people killed in mobile phone

accidents (–20%). In the UK, there is no specific offence of using a mobile phone while

driving. However, drivers doing so may face a number of careless or dangerous driving

charges.The Highway Code states that drivers MUST be in proper control of their vehicle at

all times. It advises drivers never to use a hand-held mobile phone when driving, and to avoid

using hands-free equipment.

None of the several attempts to introduce legislation to prohibit the use of hand-held mobile

phones have beensuccessful. The British Government believes the Police already have

sufficient powers to deal with drivers usingmobile phones, but are keeping the need for new

legislation under review. Public opinion surveys in Great Britain indicate broad acceptance of

the need for legislation.The RAC 2002 Motoring Survey found that 42% of drivers felt that

the Government’s main priority to reduce accidents should be to ‘stop the use of mobile

phones’.However, only 5% thought they were the main cause of accidents or that they should

stop using their own phones while driving.A survey of a small sample of police officers of

differentranks in Scotland and England, magistrates, CPS prosecutors, Procurators Fiscal and

Crown Court judges showed support for making the use of mobile phones whilst driving a

potential Fixed Penalty Notice offence, with a suggested fine of up to £1,000.

 Safe driving tips for mobile phones and other devices

Observe these tips to stay safe on the road:

● Use Road Mode (External link) an android app that prevents you from being

distracted by your phone while you drive.

● If your phone has another app or function that prevents distraction while driving, you

can also use that.

● Consider putting your phone on silent and out of reach, or turn it off.

● Divert all calls to voicemail.

● Pull over safely and park to make or receive a call.

● Plan breaks in your trip for phone calls.

● Tell your family and friends not to call when you know you’ll be driving.

● If you are using your phone hands free, warn callers you are driving and may have to

end the call.

● Don’t make calls in heavy traffic, poor road conditions or bad weather.

● Never look up phone numbers.

● Never read or send text messages.

● Don’t use Smartwatches or other similar devices.

● Remember, taking your eyes off the road for 2 seconds or more doubles your crash

risk4.

A mobile phone can be important in an emergency. If you need to use your mobile phone to

call for help, stop and park safely where you will not endanger yourself or other road users.

4
Safe driving tips for mobile phones and other devices, https://www.vicroads.vic.gov.au/safety-and-road-
rules/driver-safety/mobile-phones-and-driving.
“Safe driving is a state of mind. Be alert for the unexpected and ready to take evasive
action.”

Knowing what is happening around you

Glancing regularly in the rear and side vision mirrors enables you to know what is occurring
behind and beside your vehicle. This is very important, especially for overtaking and
changing lanes.

Rear vision mirrors

Before driving, adjust your mirrors after you have positioned the driver’s seat. The outside
mirrors should be adjusted so that they just catch a view of the edge of your car. As a guide,
you should be able to just see the rear door handle in the bottom corner of the side mirrors.

Head check
Mirrors don’t really show you everything behind and beside you. There are blind spots and
you may not be able to see a small vehicle like a motorcycle or bicycle. You need to be able
to do a head check by turning your head, to the left or right and quickly looking over your
shoulder to make sure that the space you are about to move into is not occupied5.

Following distance
Often the ability to judge distance and speed deteriorates with age and older people may take
longer to react. So, keep a safe distance from the car in front. Under normal conditions, on
most roads and highways, you should try to have a two second gap between your car and the
car in front where possible. In wet weather and at night, leave a bigger gap.

The way to work this out is to pick a solid object beside the road, such as a post. When the

back end of the car in front reaches the object start counting ‘one thousand and one, one

thousand and two’ – two seconds. The front of your car should not have reached this point

until you have counted two seconds. If it has, you are too close.

The two second gap should be extended to four seconds in the following situations:

5
“Safe Driving Tips”, https://www.vicroads.vic.gov.au/safety-and-road-rules/driver-safety/safe-driving-tips,
 ● at night or in poor light

● bad weather conditions such as rain or fog

● when you are tired

● when your vehicle is heavily laden and can’t stop as quickly

● when you are towing

● when you are unsure of the road.

Waiting to turn
When waiting to turn into a driveway, Side Street, or at an intersection have your wheels

pointing straight ahead. This way if your car is hit in the rear you will go straight ahead. If

you have your wheels turned, you are likely to go in that direction, perhaps into the path of an

oncoming vehicle6.

6
“Safe Driving Tips”Source,https://www.vicroads.vic.gov.au/safety-and-road-rules/driver-safety/safe-driving-
tips.
 Conclusion

Mobile phone has become one of the most common devices present in cars today, with more

than two thirds of drivers using a mobile phone at least sometimes while driving. Parallel

with these increasing numbers and increased use of mobile phones in traffic, the concerns

about negative effects on traffic safety were also rising. These negative effects on driving

performance are caused by physical, visual, auditory and cognitive distractions as a result of

mobile phone use. In terms of crash risk, there is agreement that drivers who use mobile

phones have a 4 times higher than drivers who do not. The following are some

recommendations that could better determine and control the effects of Continuing

enforcement and publicity mobile phone use on road safety: Drivers need to will needed to

increase the efficacy of legislation. They must be more aware of the dangers of mobile

phone use. Educated about the possible effects of distraction and their ability to Drivers

should receive recommendations on how to compensate for it. Deal with mobile phones in

their vehicle in case of emergency.

 References

o http://automobiles.uslegal.com/driving-distractions/the-use-of-cell-phones-while-

driving/

o https://www.researchgate.net/publication/267860912_Mobile_Phone_Accidents_-

_Experience_Of_India

o http://www.indiandrivingschools.com/traffic-offences-and-penalties.php

o https://www.vicroads.vic.gov.au/safety-and-road-rules/driver-safety/mobile-phones-

and-driving

o https://www.vicroads.vic.gov.au/safety-and-road-rules/driver-safety/safe-driving-tips