Bill 118: Countering Distracted Driving and Promoting Green Transportation Act 2009
In April of this year, the Ontario legislature passed Bill 118 which makes it illegal to use hand-held cell phones, GPS devices and other electronic devices while driving in Ontario.
The Ontario Bill 118 takes effect on Oct 26th, 2009 and there will be a 3 month grace period where fines will not be issued until Feb 1st, of 2010.
You can view Bill 118 in PFD format in English and French.
What Isn’t Allowed:
–Driving a motor vehicle while holding and using any hand-held communication device (telephone communications, electronic data, mail, or text messages), entertainment device, or navagation device.
–Driving a motor vehicle while the display screen of a television, computer, or DVD player is visible to the driver that is not being used as a global positioning navigation system, logistical transportation tracking system, collision avoidance system, or motor vehicle system status system.
What Is Allowed:
–Driving a motor vehicle while using a dash mounted cell phone with hand dialing.
–Driving a motor vehicle while using of a hand-held device to contact ambulance, police or fire department emergency services.
–Driving a motor vehicle while using a dash mounted global positioning navigation system (GPS) or mounted portable media player (iPod, MP3 Player).
–Driving a motor vehicle while using a hand-held device when the motor vehicle is off the roadway, lawfully parked on the roadway, is not in motion, and is not impeding traffic.
–Driving a motor vehicle while viewing and using a laptop computer as a mounted global positioning navigation system (GPS).
Defination Of A Motor Vehicle In Bill 118:
“In this section, “motor vehicle” includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine.”
Who Is Exemption From These Regulations:
The driver of an ambulance, fire department vehicle or police department vehicle.
Issues That Need To Be Clarified:
–While driving a motor vehicle can you use a mounted or non-mounted netbook or laptop computer as a global positioning navigation system (GPS)?
–While driving a motor vehicle can you use a dash mounted cell phone and hand-key in phone calls? — Yes in handsfree mode.
–While driving a motor vehicle can you use a dash mounted GPS and hand-key in locations? — Yes in handsfree mode.
Here is how handsfree mode is defined in the SCS S338 PDF
“Permits Use Of Hands-free Wireless Phones In Moving Vehicles” Act in the State of New Jersey.
28 telephone that has an internal feature or function, or that is equipped
29 with an attachment or addition, whether or not permanently part of
30 such mobile telephone, by which a user engages in a conversation
31 without the use of either hand; provided, however, this definition shall
32 not preclude the use of either hand to activate, deactivate, or initiate
33 a function of the telephone.”
I contacted Steve Peters (MPP) Office (519-631-0666) by voice and followed up with an email. Steve’s communications department said they would try to get answers for me.
I also emailed and left a voice message with media relations officer Sgt Dave Woodford with the Highway Safety Division Headquarters in Aurora, Ontario (905-841-5777) who has made some comments in the news on Bill 118.
Here is the new 78.1:
Wireless communication devices
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages.
Entertainment devices
(2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle.
Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode.
Exceptions
(4) Subsection (1) does not apply to,
(a) the driver of an ambulance, fire department vehicle or police department vehicle;
(b) any other prescribed person or class of persons;
(c) a person holding or using a device prescribed for the purpose of this subsection; or
(d) a person engaged in a prescribed activity or in prescribed conditions or circumstances.
Same
(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services.
Same
(6) Subsections (1) and (2) do not apply if all of the following conditions are met:
1. The motor vehicle is off the roadway or is lawfully parked on the roadway.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic.
Regulations
(7) The Minister may make regulations,
(a) prescribing devices for the purpose of subsections (1) and (2);
(b) prescribing persons, classes of persons, devices, activities, conditions and circumstances for the purpose of subsection (4).
Definition
(8 ) In this section,
“motor vehicle” includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine.”
Bill 118 Explanatory Note:
The Bill amends the Highway Traffic Act to prohibit driving with display screens and other devices in motor vehicles, as follows:
Driving a motor vehicle with the display screen of a television, computer or other device visible to the driver is prohibited.
The display screens of global positioning system navigation devices, hand-held communication and similar prescribed devices, commercially-used logistical transportation tracking systems, collision avoidance systems and instruments, gauges and systems providing information regarding the status of systems of the motor vehicle are exempted from the prohibition.
Drivers of ambulances, fire department vehicles and police department vehicles are also exempted. The Minister of Transportation may provide for further exemptions by regulation.
Driving while holding or using a hand-held wireless communication device or electronic entertainment device is prohibited. Use of such devices in the hands-free mode is exempted. Use of such devices while the motor vehicle is off the travelled part of the road, not in motion and not impeding traffic is exempted.
Drivers of ambulances, fire department vehicles and police department vehicles are exempted from the prohibitions respecting hand-held wireless communication devices, as are any drivers using the devices to contact ambulance, police or fire department emergency services.
The Minister of Transportation may prohibit holding or using other devices by regulation and may provide for further exemptions by regulation.”
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