Countering Distracted Driving

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Countering Distracted Driving - Monday, October 05, 2009

October 26, 2009 is the commencement date for Bill 118, the Countering Distracted Driving and Promoting Green Transportation Act.

It should be noted that the focus will be on educating drivers until February 1, 2010. During this educational period, police officers will use their discretion whether a charge is warranted.

Cell Phone Usage While Driving

• Distracted drivers are a safety risk to themselves and others.

• It will be illegal in Ontario for drivers to use any electronic devices that can cause driver distraction as of October 26, 2009.

• The focus will be on educating drivers for the first three months up until February 1, 2010.

• During this educational period officers will use their discretion as to whether a charge is warranted which would be by way of a summons.

• Starting February 1, 2010 charges can be laid by issuing an offence notice with a set fine.

• Police have always had the ability to lay charges for Careless Driving or criminal driving offences such as Dangerous Driving if warranted.

Questions and Answers

Will police be able to charge anyone with this new law prior to the expiration of the “educational period” on February 1, 2010?

Yes, police have the discretion to lay a charge under this law prior to this date. What will change is that, as of February 1, 2010 police will be able to start issuing tickets with set fines. Until that date, police can issue drivers with summonses. Also, police still have discretion to charges drivers with Careless Driving under the Highway Traffic Act or Dangerous Driving under the Criminal Code.

What is the correct name of the legislation?

The correct short name is Countering Distracted Driving and Promoting Green Transportation Act, 2009

What does the legislation propose?

The Countering Distracted Driving and Promoting Green Transportation Act, 2008, prohibits the use of devices with display screens and hand-held communication and entertainment devices except when these devices are used in a manner prescribed by the legislation.

Which electronic devices are still be permitted under this new legislation?

The legislation doesn’t ban the use of these electronic devices in vehicles but rather prohibits their use in a way that may cause driver distraction while driving. Devices exempt from being prohibited for use by drivers under the proposed legislation include:
• Display screens of GPS navigation devices;
• Hand held communication and similar devices as long as they are used as prescribed by legislation (hands free sets);
• Commercially-used logistical transportation tracking systems;
• Collision avoidance systems; and
• Instruments gauges and systems providing information regarding the status of systems of the vehicle.

What are the penalties?

The fines that will be applied to a driver who will be issued a ticket as of February 1, 2010 has yet to be set by the Ministry of Transportation (MTO) however the legislation allows for fines up to $500. In addition to this legislation, drivers who place others at risk as a result of using a hands-free device can be charged with careless driving and face fines of up to $1,000, six demerit points, a driver's licence suspension and possible jail time. If convicted of Dangerous Driving (a criminal offence), drivers could face a penalty of up to $2,000 and five years in jail.

Can I use my hand-held cell phone to call for help in an emergency?

Yes. Drivers may place emergency calls to the police, fire department and emergency medical services. If possible, drivers should pull off the road before making an emergency call.

Can I use my hand-held cell phone or other device while I'm stopped in traffic or at a red traffic light?

No. The legislation is specific in describing which conditions must be met before a driver may utilize their cell phone without a hands free system. These conditions include:
• Vehicle must be off the roadway or lawfully parked on roadway; and
• Must not be in motion; and
• Is not impeding traffic.

Does the legislation apply to all drivers?

No. police, fire department and ambulance personnel will be permitted to use hand-held wireless communications devices in the normal performance of their duties.

How will this legislation promote green transportation in Ontario?

The legislation includes an update to the Public Vehicles Act that promotes carpooling in Ontario by removing legal barriers associated with forming carpools in Ontario.

Is the law in effect now? (or when did/does the law come into effect?)

No . The legislation will come into effect on October 26, 2009.

For more information visit the Ontario government web site:
http://www.news.ontario.ca/mto/en/2009/09/ban-on-hand-held-devices-starts-in-october.html