Bill 118 2009 - Royal Assent 23APR09 An Act to amend the Highway Traffic Act to prohibit the use of devices with display screens and hand-held communication and entertainment devices and to amend the Public Vehicles Act with respect to car pool vehicles Highway Traffic Act 1. Section 78 of the Highway Traffic Act is repealed and the following substituted: Display screen visible to driver prohibited 78.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. 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. Same (3) Subsection (1) does not apply to the driver of an ambulance, fire department vehicle or police department vehicle. Exemption by regulation (4) 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. 2. Part VI of the Act is amended by adding the following section: Hand-held devices prohibited 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. Entertainment devices (2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle. Hands-free mode allowed (3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 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. Same (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) 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.