Cell Phone Ban effective October 26, 2009 on Ontario’s highways, streets & roads.
Posted by Admin in New LawsUpdate: See earlier post.
In October, 2009 Bill 118 – Countering Distracted Driving and Promoting Green Transportation Act, 2009 will be implemented and enforced on the highways, streets and roads of Ontario after a public awareness program is conducted for Ontarionians, concerning the new prohibition on driving while using or viewing electronic hand-held devices (this includes, cell phones, iPhones, smartphones, blackberries, iPods, MP3 players, DVD players, laptop computers, eBook readers, portable games), is conducted.
Similar rules and laws have already been passed in other Provinces. In fact, Ontario followed four (4) other Provinces in passing this legislation. Ontario follows Newfoundland and Labrador, Prince Edward Island, Quebec and Nova Scotia. Manitoba follows Ontario as the sixth Province implementing similar legislation.
The rules in Ontario for using a hand-held device attract less sanctions then Newfoundland and Labrador, Prince Edward Island, Quebec and Nova Scotia.
Starting in October, 2009:
In Ontario, if police witness you using a hand-held device (to: view,talk, listen, emailing (reading or sending or writing) or text messaging (reading or sending or writing) or observing a GPS (global positioning system) unit (not properly affixed to the dashboard) while operating a motor vehicle (you are situated behind the steering wheel of the vehicle and are operating it and have care and control of the motor vehicle) in Ontario, you will receive a ticket worth up to $500.00.
See sections 78 (1) to 78.1 (subsections 1-8 inclusive) of the Highway Traffic Act.
If the police consider your use of such a device as careless driving, you could potentially be charged with careless driving pursurant to section 130 of the Highway Traffic Act. A conviction for this offence, would mean the driver would accumulate six (6) demerit points on your driving record, face a huge fine, up to $2000.00 (and a huge increase in insurance premiums or having insurance cancelled), suspension of one’s driver’s licence and possible incarceration.
Those who are exempt from this new Ontario law:
Police, Firefighters and Paramedics. Driver’s (who are not police,firefighters or paramedics) requiring emergency services, are exempt from the law if they are calling “911″.
As a driver in Ontario, you are exempt from this law if you are calling “911″ as a result of an emergency or if you are pulled over safely off of the roadway or you are properly parked.
How can a driver, operating a motor vehicle in Ontario, make or accept a phone call without violating this law?
If driver’s, driving in Ontario want to initiate outgoing phone calls or accept incoming phone calls, the law provides for the use of hands-free devices (ie.-headsets, bluetooth technology, OnStar, etc.).
If you want to use your communication (that is not a hands-free device) or entertainment device, in compliance with the law, while you are behind the wheel in a motor vehicle, you must meet these conditions:
This means that while operating your motor vehicle as the driver and if you do not have a headset, bluetooth technology or something similar, you must pull over and use your cell phone or i phone to initiate or accept a phone call. There was a time when driver’s had to stop and exit their motor vehicles and go to a phone booth to make a phone call.
Do any of the U.S. States have similar bans on the law books?
Naturally. There are only 5 U.S. States – California, Connecticut, New Jersey, New York and Washington (includes the District of Columbia and the Virgin Islands) that have an all out ban on operator of motor vehicles using cell phones.
There are 17 U.S. States which have some form of prohibition on driving and cell phone use and text messaging, especially teen drivers and bus drivers. See the chart laying out the restrictions in each State.
New York Police handed out nine thousane and sixteen (9016) $120.00 summonses to motorists, who talked on a cell phone without using a headset, on March 12, 2009 in a one day blitz in New York.
At least in 50 other countries around the world, the cellular phone has already been banned. Here is a list of some of those countries who will not allow motorists to talk on the phone while driving:
Australia, Austria, Belgium, Brazil, Chile, Czech Republic, Denmark, Egypt, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Ireland, Isle of Mann, Israel, Italy, Japan, Kenya, Malaysia, Netherlands, Norway, Pakistan-Islamabad, Philippines, Poland, Portugal, Romania, Russia, Singapore, Slovak Republic, South Africa, South Korea, Spain, Sweden, Switzerland, Thailand, Turkey, Turkmenistan and the United Kingdom.
See Ontario Transportation Minister Jim Bradley trying to make a phone call on a cellular phone while driving in simulation car ride called D.U.M.B. Ontario Transportation Minister Jim Bradley isn’t currently considering banning eating or drinking or talking in motor vehicles operating on Ontario highways and roads.
The Law may not be implemented until late October, 2009 and Jim Bradley, the Minister of Transportation is signalling that motorists may enjoy a three-month grace period, once the law is implemented on the roads of Ontario.
Update: September 18, 2009 – Ontario Liberal Minister of Transportation, Jim Bradley is considering giving drivers a three-month grace period after the law takes effect. Penalties will also be softer than other similar infractions. Fines will range anywhere from $60 to $500 with no demerit points, according to draft regulations.
See stories,Ottawa Citizen,Owen Sound SunTimes, driving.ca
Update: September 14, 2009 – 92 per cent of Ontario drivers will obey cellphone ban: poll
Ontario’s Bill 118, The Countering Distracted Driving and Promoting Green Transportation Act, 2009:
Update: September 18, 2009 -post 1 & post 2 from the Ministry of Transporation.
Update: It is official, the Cell Phone/Blackberry/Hand held Devices Ban will begin on Saturday, October 26, 2009.
Update: The Government will provide a grace period between Oct.26/09 and Jan.31/10 (the education period) and will begin to issue tickets under Bill 118 on Monday, February 1, 2010.
Update: October 12, 2009 – Technology that is hands-free and works within the Legislation.
Update: October 19, 2009 – Police in York Region are issuing warnings to driver’s about Bill 118 that is scheduled to be implemented on October 26, 2009. See other stories from the Orangeville Banner, Gravenhurst Banner, Online Pioneer Plus, Canada.com .
Update: December 22, 2009 – British Columbia follows Manitoba, Ontario, Newfoundland & Labrador, Prince Edward Island, Quebec and Nova Scotia in the ban against hand-held devices in motor vehicles. British Columbia and Ontario will begin to enforce their hand-held ban laws on Monday, February 1, 2010.
Update: January 4, 2010 – In British Columbia police will begin enforcing changes to the Motor Vehicle Act on February 1, 2010. Drivers can only use hands-free cellphones and devices that require just one touch to activate. If caught doing otherwise, driver’s will be subject to a fine of $167. In addition, drivers caught texting or emailing will be subject to three penalty points. New drivers in the Graduated Licensing Program (GLP) enjoy even less leniency and face a full ban on all cellphone and electronic devices, including hands-free.
Update: January 21, 2010 – Cell phone ban to be “aggressively enforced” in Toronto, beginning on February 1, 2010, according to Toronto Police Chief, Bill Blair.
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I was wondering about service vehicles who operate a two way radio , does that apply to them to ?
Thank You
Hi Clarence: Yes. The new law that will be implemented in October 2009 applies to service vehicles that use a two way radio to communicate. So far, the Government has provided exemptions to police vehicles, fire department vehicles and ambulance vehicles and there may be more forthcoming. No doubt other groups will come forward and plead their special circumstances to the government in hopes of obtaining an exemption under this new law.
Exemption by Regulation:
See section 78.(4) which states the following: “The Minister may make regulations exempting any class of persons or vehicles or any device from this section and prescribing conditions and circumstances for any such exemption”
The definition of “motor vehicle” under section 78.1 (8) is as follows:
includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine.
You can use a cellular phone or a two way radio under the following conditions:
Section 78.1 (6) of the Highway Traffic Act, reads as follows:
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
You can be charged as much as $500 a ticket, but will not accumulate any demerit points (unlike other jurisdictions) as a result.
Take care and remember to always http://fightyourtickets.ca
“Those who are exempt from this new Ontario law: Police, Firefighters and Paramedics.”
Really? I’m sorry, but they are just as much at risk of getting in a car accident when using these devices as the regular populace; special treatment for a badge, go figure. Not to mention that most of the service calls come through 2-way radio, why do they need a cell phone? If they do, pull over like the rest of us or get a head set.
I would almost argue that in a heightened mental state (in emergency situations, etc), it would be more dangerous for firefighters, policemen and paramedics to operate a cellphone non-handsfree.
Hi Ethan: Generally when regulators (in this case the McGuinty Provincial Government) implement laws, especially when it involves Traffic or Motor Acts, they provide exceptions or exemptions to emergency services, providing the rationale that it is the nature of that particular type of work that warrants special circumstances. I think that there is also a presumption that these types of emergency vehicles always carry at least two people (a driver and a passenger) and that the driver need not be distracted, as the passenger can provide navigation and specific instructions.
I know that years ago (I would have to check to see if the exemption is still on the books) taxi drivers’ operating in Toronto were exempt from wearing seat belts when they had a fare (a customer) in the vehicle. The customer riding in the taxi was still required pursuant to Highway Traffic Act to wear a seat belt, but the taxi driver, transporting the customer, did not have to wear a seat belt. The reason that the exemption at the time existed was a matter of the health and safety, of the taxi driver. Apparently in the past, the customer (the fare) riding in the taxi would use the shoulder strap portion of the driver’s seat belt to strangle the driver, either during a robbery or an assault. It was with this reason in mind, that taxi driver’s are required to wear a seat belt when there is no fare in the car, but are were provided an exemption when they were transporting a fare (a customer) in their vehicles.
You are not alone in your opinion Ethan. When laws are created and implemented and there are exemptions granted to some and not to others; the Government is obligated to provide an easy to follow reasonable explanation for the differences. Transparency in any decision making process is vital if you expect the majority of the electorate to follow rules and regulations, which apply to a majority, but not to a minority. What is the criteria necessary to meet, in order to be eligible for an exemption? What were the reasons or rationale underlying the Government’s decision to grant emergency services vehicles an exemption? Are they any less “distracted” then the rest of the population, while essentially working out of their vehicles for a shift?
Other groups will be coming forward and arguing that they too should be provided with an exemption from this new law. It will be difficult for these groups to lobby the government if they are not sure what the established criterion is, that needs to be met, in order to be eligible for an exemption. This type of information should be common public knowledge. Remember to always http://fightyourtickets.ca
Hi,
Just wondering, I use a Garmin GPS with a bean bag dash mount, is this OK
Regards
oleboy
I am a supporter of this new legislation as it pertains to cellphone use. I have used a hands free set for many years believing that it allowed me to operate my vehicle in the safest manner possible and still field the many calls I receive on a daily basis. The restrictions on DVD players and handheld games make obvious sense to me but I am, however, perplexed by the notion that my windshield mounted gps causes a safety risk if on the windshield but not a risk if it is mounted on the dashboard. I see that as splitting hairs. My gps unit is placed on my windshield just below the rear view mirror which makes the action of glancing at it similar to that of checking my rear view mirror. If the concern is entering data while driving then the most logical step would be to ban them outright since I can reach the unit whether on the dashboard or on the windshield. My two cents.
Hi Oleboy: The McGuinty Provincial Government has not made it clear yet as to what would constitute “properly mounted” other than to say that the GPS unit must be mounted on the dashboard. I hope that the government will specify what the legislation demands during their education/information campaign before it is introduced in October. Remember to always http://fightyourtickets.ca
Hi Thomas: There are some people that believe that driver’s are distracted by the conversation itself (especially one that is emotionally charged), in addition to the act of picking up the cell phone and dialing the phone number or picking up the cell phone and answering it. This may be the first stage in the total elimination of driver’s having the opportunity to interact with their communication devices.
The Legislation states the following:
Display screen visible to driver prohibited
78. (1) No person shall drive a motor vehicle on a highway if the display screen of a television, computer or other device in the motor vehicle is visible to the driver.
The government has stated that GPS units, used for the purposes of navigation, will be exempted from this section of the Highway Traffic Actas long as they are mounted on the “dashboard” of the vehicle.
We can only hope that during the government’s promise to educate or to provide information about Bill 118, to be introduced in Ontario in October 2009, that the rules about where things have to be mounted and why are clarified. This new law has to be explained in a way that makes sense, to ensure we are not all receiving tickets because we don’t understand the requirements of the new law. Remember to always http://fightyourtickets.ca
It appears this law (see above, definition of “motor” vehicles) does not apply to bicyclists. Is that really true? Just as driving drunk is okay if you are “driving” a bike? What other exceptions are there for bicycles from obeying the “Rules of the Road”?
Hi Charles: Go to the Highway Traffic Act (at: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK0 ) – under General Interpretations found under section 1 (1) of the Act and look under Definitions:
1. (1) In this Act,
“bicycle” includes a tricycle and unicycle but does not include a motor assisted bicycle; (“bicyclette”)
“motor assisted bicycle” means a bicycle,
(a) that is fitted with pedals that are operable at all times to propel the bicycle,
(b) that weighs not more than fifty-five kilograms,
(c) that has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel,
(d) that has an attached motor driven by electricity or having a piston displacement of not more than fifty cubic centimetres, and
(e) that does not have sufficient power to enable the bicycle to attain a speed greater than 50 kilometres per hour on level ground within a distance of 2 kilometres from a standing start; (“cyclomoteur”)
“motor vehicle” includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of this Act; (“véhicule automobile”)
There are many restrictions on bikes, Go to the page on this site:
Green Alternatives – Motorcycles, Mopeds and e-Bikes
Which can be located at the following link: http://fightyourtickets.ca/law/motorcycles-and-mopeds/
Here are some of the offences, the sections of the H.T.A section that apply, the set fines, the court fees and the Victim Fine Surcharges and the total owing (after adding up the set fine, court fee and the victim fine surcharge):
Offence H.T.A Section Set Court Victim Total
Bicycle* Fine Fee Fine
Careless Driving 130 $260.00 $5.00 $60.00 $325.00
Red Light – Fail to Stop 144 (18) $150.00 $5.00 $25.00 $180.00
Disobey Stop Sign – Fail to Stop 136 (1) (a)* $85.00 $5.00 $20.00 $110.00
Improper Lighting 62 (17)* $20.00 $5.00 $10.00 $35.00
Improper Brakes 64 (3)* $85.00 $5.00 $20.00 $110.00
No Bell or Defective Bell 75 (5) $85.00 $5.00 $20.00 $110.00
Failure to Wear Proper Helmet 104 (2.1)* $60.00 $5.00 $20.00 $85.00
Failure to Yield to Pedestrian 140 (1) (a) $85.00 $5.00 $20.00 $110.00
Drive Wrong Way – One Way Traffic 153 $85.00 $5.00 $20.00 $110.00
Bicycle -Fail to Turn Out to Right when Overtaken 148 (6)* $85.00 $5.00 $20.00 $110.00
Cyclist -Ride in or along Crosswalk 144 (29)* $85.00 $5.00 $20.00 $110.00
Cyclist – Fail to Stop to Identify Self 218 (2)* $85.00 $5.00 $20.00 $110.00
Ride two (2) on a Bicycle 178 (2)* $85.00 $5.00 $20.00 $110.00
* specific to the operation of bicycles and to bicyclists
Highway Traffic Act -Section 218 (1) Cyclist to Identify Self A police officer, who pulls over a cyclist, whom he/she believes has contravened the Highway Traffic Act or a section of the Municipal Act, has the right to ask the cyclist to identify themselves. All the cyclist must do, is to provide their name and address. No affirmative obligation exists for a bicycle rider to carry identity documentation. The bicycle rider meets his/her obligation under this section of the Highway Traffic Act, by simply providing their correct name and correct address. If the police officer wants to generate a ticket, it should contain the same name and address provided to him or her, by the bicycle rider. Section 218 (2) states:
Cyclist to Identify Self
218. (1) A police officer who finds any person contravening this Act or any municipal by-law regulating traffic while in charge of a bicycle may require that person to stop and to provide identification of himself or herself.
(2) Every person who is required to stop, by a police officer acting under subsection (1), shall stop and identify himself or herself to the police officer.
(3) For the purposes of this section, giving one’s correct name and address is sufficient identification.
(4) A police officer may arrest without warrant any person who does not comply with subsection (2).
A case decided in the Superior Court of Justice in Ottawa, Ontario on October 3, 2007 by Justice D. J. Power deals with section 218 (4) and Section 24 of the Charter of Rights and Freedoms in a case called Regina versus Daniel Robert Cassidy. Justice Power found that there were no valid grounds for the police officer, pursuant to subsection 4 of section 218 of the Highway Traffic Act to arrest Mr. Cassidy, since Mr. Cassidy had already provided his name, residential address and date to the police officer.
Ontario Regulation 630 -Vehicles on Controlled-Access Highways – speaks to bicycles, motor assisted bicycles and certain motorcycles that are not permitted on specific highways in Ontario.
See the number of bicycle accidents in Toronto in 2008 (including the worst nine (9) intersections for accidents)
Bill 126, Road Safety Act, 2009 (Royal Assent received on April 23, 2009) provides some new sections/definitions to the Ontario Highway Traffic Act regarding bicycles, power-assisted bicycles:
The definition of bicycle now includes “power-assisted bicycles”. You must now be a minimum of sixteen (16) years old to drive a power or motor-assisted bicycle. You must now have the proper lights, reflectors and lamps while operating a power-assisted bicycle and at the same time, must be wearing a bicycle or motorcycle helmet. See paper from the Legislative Library which asks the question “When do Ontario Acts & Regulations come into force”?
I am really confused. It seems like the cell phone law 78.1 carries 6 demerit points but only if you also get charged with carless driving. What is you get charged under 78.1 and get the $500 fine. Are you still liable for any demerit points? I am so confused!
Hi Maria: You would only receive six (6) points if you were convicted of “careless driving” pursuant to section 130 of the Highway Traffic Act. This is what the Police use to charge motorists with when they committed acts that fell under the heading of “careless driving” ie – using your cellphone when operating a motor vehicle, which caused the driver to be distracted and affected the safety of themselves and others sharing the road. Now that this new law ( See sections 78 (1) to 78.1 (subsections 1-8 inclusive) of the Highway Traffic Act) has been passed, police now have the option to charge motorists under this law (which, upon conviction, will not come with demerit points, but may well cost the driver up to a $500 fine).
The Police still have the option (if the driver is driving carelessly while speaking on their cell phone, etc.) to charge the operator of the motor vehicle with careless driving, rather than just ticket them under sections 78(1) to 78.1 subsections 1-8 inclusive of the HTA.
Careless Driving – Section 130 of the HTA, upon conviction 6 demerit points, fine up to $2000 and possible incarceration for up to 6 months – Huge increase in insurance premiums (potential facility rated) or loss of insurance altogether
Caught using a hand-held device (to: view,talk, listen, emailing (reading or sending or writing) or text messaging (reading or sending or writing) or observing a GPS (global positioning system) unit (not properly affixed to the dashboard) while operating a motor vehicle (you are situated behind the steering wheel of the vehicle and are operating it and have care and control of the motor vehicle) in Ontario, Section 78 (1) to 78.1 (subsections 1-8 inclusive) of the HTA, fine up to $500, risk of insurance premiums being increased.
I hope that this clarifies the difference for you. Remember to always http://fightyourtickets.ca
My general understanding is that perhaps the rules mean that the GPS system available on the cellphones is not to be used as some drivers have the habit of holding the cellphones, looking at the GPS navigation ( checking the route to destination) while driving. If the GPS is mounted on the dashboard ( which means, it is not hand-held ), then it should be ok. If you consider distraction, then the rear view mirror is also a distraction while driving. But you need a split second to have a glance on the rear view.
Your comments?
Hi Charanjeet: the Provincial Government is enacting this law (Bill 118) on October 26, 2009, but will be providing a “grace period”, (between Oct.26/09 and Jan.31/10) which will act as a period of time to educate or inform the public about this new law, which will be strictly enforced commencing February 1, 2010 see: http://fightyourtickets.ca/cell-phones-ban-effective-october-2009-on-ontarios-highways-streets-roads/
You can have your GPS properly mounted on your dashboard (although the McGuinty government has yet to clarify what “properly mounted” actually means – which could be problematic for alot of motorists, come February 1, 2010). Hopefully between October 26/09 and January 31, 2010 the government (Ministry of Transportation’s Minister Jim Bradley http://toronto.ctv.ca/tl/photo.html?pname=http://images.ctv.ca/archives/CTVNews/img2/20081028/450_cp_transport_081028.jpg&win_width=845.0&description=Ontario%20Transportation%20Minister%20Jim%20Bradley%20drives%20in%20a%20simulation%20car%20ride%20called%20D.U.M.B.%20(Distractions%20Undermining%20Motorists%20Behaviour)%20while%20trying%20to%20make%20a%20phone%20call%20at%20an%20announcement%20in%20Toronto,%20Tuesday,%20Oct.%2028,%202008.%20(Jim%20Ross%20/%20THE%20CANADIAN%20PRESS) clarifies what constitutes “properly mounted” GPS. There are all kinds of distractions within every motor vehicle, which requires ones attention, even briefly.
Remember to always http://fightyourtickets.ca
Hi,
There are a few bluetooth devices that have two ear pieces and can be used as a normal bluetooth headset would be in addition to acting as stero headphones for bluetooth enabled audio systems. Are these legal to use while dirivng for answering calls only in Ontario?
Thanks
Hi Barb: See Bill 118: http://www.ontla.on.ca/bills/bills-files/39_Parliament/Session1/b118ra.pdf
It reads 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.
The intention of this legislation is to stop motorist’s from being distracted (while looking at their cellphone or other electronic gadgets and taking their eyes off of the road) while driving.
The following Provinces: Newfoundland & Labrador, Prince Edward Island, Nova Scotia, Quebec, Manitoba and British Columbia have passed similar legislation and before you enter those Provinces, it would be a good idea to quickly review that legislation, see: http://fightyourtickets.ca/cell-phones-ban-effective-october-2009-on-ontarios-highways-streets-roads/ . New York has passed similar legislation (on March 16, 2009 in a one day blitz, law enforcement handed out 9016 $120.00 summonses to drivers who were using their cellphones, see: http://www.nydailynews.com/news/ny_crime/2009/03/13/2009-03-13_cops_hand_out_9000_tickets_to_drivers_ta.html ) but would not issue tickets for the situation you described.
In the State of Ohio, on the other hand, has adopted legislation which strictly prohibits drivers operating motor vehicles from wearing earphones, headsets, or earplugs in both ears. Ontario hasn’t passed this legislation yet.
Bluetooth headset devices shouldn’t be a problem. Remember to always http://fightyourtickets.ca