Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 21 posts ]  Go to page Previous  1, 2
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Re: Cellphone ticket while looking for address
Author Message
PostPosted: Mon Sep 19, 2011 2:31 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
atal wrote:
I am looking for advise what to do with a cellphone fine received couple of days ago while standing in red light, looking at the phone for address. I have explained it to the cop but nothing helped.?

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
Hands-free mode allowed
(3) Despite subsections (1) a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode.

Exceptions
(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) does 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.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Top
 Profile  
 
Re: Cellphone ticket while looking for address
PostPosted: Tue Sep 20, 2011 12:29 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
atal wrote:
Everyone, thank you very much for your input.

I would go for a trial. Based on the link provided "The law makes it illegal for drivers to talk, text, type, dial or email using hand-held cell phones and other hand-held communications and entertainment devices". I wasn't don't any of these.
It does state though it should be mounted, so it looks like there is still a fault, but definetly it's vague.


Don't read too much into that link, it's just a summary, not the actual law. Bear has posted the actual law above.

The section states it's illegal to hold a device CAPABLE of making phone calls, messaging, etc. In other words, the fact that you had it in your hand is illegal. You weren't making a phone call, but it's a device capable of doing so.

There's nothing vague about how the Courts have interpreted the law. By all means go to trial, but what you're arguing at the moment isn't a defence. If you don't have a valid defence and the officer shows, you're probably better off seeking a plea deal.


Top
 Profile  
 
Re: Cellphone ticket while looking for address
PostPosted: Tue Sep 20, 2011 11:08 pm 
Offline
Jr. Member

Joined: Sat Feb 05, 2011 5:21 pm
Posts: 77
hwybear wrote:
atal wrote:
I am looking for advise what to do with a cellphone fine received couple of days ago while standing in red light, looking at the phone for address. I have explained it to the cop but nothing helped.?

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
Hands-free mode allowed
(3) Despite subsections (1) a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode.

Exceptions
(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) does 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.


So if you're illegally parked (such as a no parking zone, or on the side of the highway) you could still get a ticket?


Top
 Profile  
 
Re: Cellphone ticket while looking for address
PostPosted: Wed Sep 21, 2011 10:00 pm 
Offline
Site Admin
User avatar

Joined: Tue Nov 13, 2007 5:04 pm
Posts: 1048
Location: Ontario, Canada
As long as your parked/pulled over to the side I think you would be ok.

_________________
Visit us at: Ontario Ticket OR OHTA OR Ontario Traffic Act OR Highway Traffic Act


Top
 Profile  
 
Re: Cellphone ticket while looking for address
PostPosted: Thu Sep 22, 2011 7:51 am 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
On the shoulder would be off the roadway, so that meets condition 1. You would be unlawfully parked if, say, you pulled to the side of a busy four-lane city street and claimed you weren't moving while using your cell phone. That would violate conditions 1 and 3. You are also "unlawfully parked" if you try to use your cell phone while stopped at a red light (although, I'll admit, I've scrolled through my list of emails while stopped at longer reds).

_________________
         Image


Top
 Profile  
 
Re: Cellphone ticket while looking for address
PostPosted: Mon Sep 26, 2011 10:26 am 
Offline
Newbie

Joined: Mon Sep 26, 2011 9:21 am
Posts: 1
Found myself in similar circumstances last Friday, when i woke my iphone up while stopped at a red light. I wasnt holding it, just had it resting on my center console of the truck. My iphone was in GPS mode and goes to sleep after a period of inactivity. The lights i stopped at are a 90 second change due to ongoing road works and a cop in a cruiser that had stopped beside me in traffic, saw me scroll the phone screen (run my finger along the screen to wake it up) and tap the screen, all while it was sitting on the console. He gets out and taps on my passenger window, demands my licence claiming i was using my phone? I was totally taken aback, next thing i get a ticket for $155.00.

After handing me the ticket, he asked me what i had, an iphone or a tablet? so he didnt see what i had, just saw me looking down at it...After reading these forums, it seems that ignorance is no defence, but i had no idea it was illegal to touch a phone whilst stationary? I would really like to fight this on principle alone, i was stationary and in park. I was not holding the phone, i was not talking, texting or emailing - simply looking at the gps display to see what way i should head. The cop was overzealous, but i guess that is a personal view

From my readings, fighting it would be futile, so would you suggest i plea bargain this?

Thanks for any input


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 21 posts ]  Go to page Previous  1, 2

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Use of cellphone ticket

gawker

2

1279

Sat Jun 25, 2011 3:39 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Cellphone ticket - clarification and plea bargain...

StressingHard

1

2177

Tue Sep 13, 2011 9:11 am

Stanton View the latest post

There are no new unread posts for this topic. cellphone ticket-can a decent reason do anyting?

camlea

4

757

Thu Apr 18, 2013 11:21 am

Avangel View the latest post

There are no new unread posts for this topic. Alleged cellphone and speeding ticket Recorded

lmrj0030

1

517

Thu Jul 24, 2014 11:04 am

ynotp View the latest post

There are no new unread posts for this topic. Wrong address on the offence ticket

mow319

4

1925

Wed Apr 27, 2011 6:41 am

mow319 View the latest post

There are no new unread posts for this topic. Ticket for incorrect address on plates

E410

8

500

Wed Feb 24, 2016 2:57 pm

argyll View the latest post

There are no new unread posts for this topic. Failure to update address on license ticket?

srryoffcr

3

6225

Mon Jun 29, 2009 3:27 pm

srryoffcr View the latest post

There are no new unread posts for this topic. Toronto Parking Ticket Disclosure Address

pr1244883

0

406

Wed Oct 27, 2010 8:20 pm

pr1244883 View the latest post

There are no new unread posts for this topic. Toronto Parking Ticket Disclosure Address

pr1244883

0

319

Wed Oct 27, 2010 8:20 pm

pr1244883 View the latest post

There are no new unread posts for this topic. Toronto Parking Ticket Disclosure Address

pr1244883

0

296

Wed Oct 27, 2010 8:20 pm

pr1244883 View the latest post

There are no new unread posts for this topic. Toronto Parking Ticket Disclosure Address

pr1244883

0

324

Wed Oct 27, 2010 8:20 pm

pr1244883 View the latest post

There are no new unread posts for this topic. Toronto Parking Ticket Disclosure Address

pr1244883

0

289

Wed Oct 27, 2010 8:21 pm

pr1244883 View the latest post

 


Who is online

Users browsing this forum: No registered users and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.