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Driving Using a Hand Held Device
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PostPosted: Sun Mar 13, 2011 6:14 pm 
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Received a ticket for texting at a red light. Any suggestions on how to defend it? Court date tomorrow.

Thanks in advance.


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Re: Driving Using a Hand Held Device
PostPosted: Tue Mar 22, 2011 7:31 pm 
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Posts: 254
Location: The Valley
What happened?

My experience is that if you are on the traveled portion of the road, whether mobile or not, you are guilty.


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Re: Driving Using a Hand Held Device
PostPosted: Tue Mar 22, 2011 9:57 pm 
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rlallen wrote:
Received a ticket for texting at a red light. Any suggestions on how to defend it? Court date tomorrow.

Thanks in advance.


This may be an extreme instance in your case but


C/P
Exceptions

(2) Subsection (1) does not apply in respect of the display screen of,

(a) a global positioning system navigation device while being used to provide navigation information;

(b) a hand-held wireless communication device or a device that is prescribed for the purpose of subsection 78.1 (1);

(c) a logistical transportation tracking system device used for commercial purposes to track vehicle location, driver status or the delivery of packages or other goods;

(d) a collision avoidance system device that has no other function than to deliver a collision avoidance system; or

(e) an instrument, gauge or system that is used to provide information to the driver regarding the status of various systems of the motor vehicle. 2009, c. 4, s. 1.

End C/P

You may fit 1 or more of those extremes.

Cheers
Viper1

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"hang onto your chair when reading my posts
use at your own risk"


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Re: Driving Using a Hand Held Device
PostPosted: Tue Mar 22, 2011 10:18 pm 
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Wrong section Viper. She was charged under HTA 78.1(1) Not 78(1).
The only exceptions to 78.1(1) are the following:
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.

(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services.

(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.

It should be noted that the exception in (6) states that ALL of the three conditions must be met.


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Re: Driving Using a Hand Held Device
PostPosted: Tue Mar 22, 2011 10:40 pm 
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Decatur wrote:
Wrong section Viper. She was charged under HTA 78.1(1) Not 78(1).
The only exceptions to 78.1(1) are the following:
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.

(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services.

(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.

It should be noted that the exception in (6) states that ALL of the three conditions must be met.


I don't think they said what section was used.
But if they were using it for GPS how could the cop tell?and prove it?

Every time I read over this law I find something new.

I will start a separate discussion thread .

Cheers
Viper1

_________________
"hang onto your chair when reading my posts
use at your own risk"


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Re: Driving Using a Hand Held Device
PostPosted: Wed Mar 23, 2011 4:09 pm 
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Posts: 2933
Location: In YOUR rearview mirror!
78(1) refers to the prohibition of "viewing" of televisions, computers or other displays unless meets the excemption, to which a GPS "display" is ok.

78.1(1) prohibits holding or using of electronic devices, which GPS is when a person starts manipulating the gps

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


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