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:
- the motor vehicle you are operating, is off the roadway or is lawfully parked on the roadway.
- the motor vehicle you are operating, is not in motion (this doesn’t include a “traffic light” or “stop sign”)
- the motor vehicle you are operating, is not impeding traffic.

If you use your cell phone as a phone or walkie-talkie or a hand-held two way radio, you are violating
the law (unless you are using bluetooth or wireless technology to initiate or to receive a call) or you have pulled
your vehicle off of the road and you are lawfully parked.

Remember to always http://fightyourtickets.ca

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

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

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) 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

Your comments?

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