Electronic Device Legislation

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hwybear
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Electronic Device Legislation

Unread post by hwybear on

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 Section 78 of the Highway Traffic Act is repealed and the following substituted: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.
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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Reflections
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Unread post by Reflections on

The law "prescribes" so much I think a doctor wrote it.


'Bear, if I have an Ipod and my car has a AUX line-in but I have to press the thumb wheel on the Ipod to change songs, does this count as a "hand-held entertainment" device?
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Unread post by ticketcombat on

Fight Your Ticket!


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Unread post by hwybear on

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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Squishy
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Unread post by Squishy on

And who makes your Crown Vic, eh?
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FiReSTaRT
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Unread post by FiReSTaRT on

Squishy wrote:And who makes your Crown Vic, eh?
I believe it was the same company that made the "Hit me and we both go up in flames" Pinto
:shock:
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.


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Unread post by pinch on

I have a computer mount in my van but I always remove the laptop before I start the car and place it behind my seat. I don't want to take the risk of having an accident and then be charged with distracted driving just because an officer noticed the laptop and decided to make an assumption that I was at fault since I was probably messing about with it.


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Unread post by tdrive2 on

I really wonder how this is going to be enforced.

Maybe in those small rural towns with low population where the police aren't.

This will be like the usual ill just do 20 over on the highway thing.

I really doubt this will change anything. Especially on the highway so many drivers in heavy traffic......

Besides what does this law even do???

If your having a conversation with a head set or the phone what is the difference?

One more hand on the wheel, you still have to look down to dial the number....

Messing around with a GPS is just as distracting.

Why not ban eating and driving while your at it to?

And also make it illegal to drive without shoes.

You could also ban Car stereos because they require you to take a hand off the wheel.

In fact i got a solution to this problem. All cars should have built in sensor's on the steering wheel that require two hands and if you take one of they could stop your car and then lock you into until an officer comes to unlock the car and write you a ticket?

That could save maybe 2 lives a year!

Someone tell McGunity fast!!!!:lol:

Again i think this fails at its intention.

The goal should not be to stop people from using phones, directly.

But more importantly to get people to focus on the task of driving and pay attention.

Even if i choose to talk on my phone ill just put it on my lap with the speaker phone on?

How will the officer not know i am simply singing along to my favorite song?

The cure for me to pay more attention is higher speed roads. The higher the speed the more i am paying attention to driving and less towards other things. Usually on major express ways i do not like to have conversations with passengers as things happen so much quicker. So many lane changes, cars, fast speeds, exits, need to adjust distance, etc. This all requires alot of attention. I think it was just Norway or Denmark that had a similar result. They concluded higher limits on highways resulted in less accidents and deaths because people were paying attention more and it also helped to reduce the speed between what cars were driving.

Is it going to be against the law to be stupid now? Honestly i have seen some drivers weaving through lanes trying to pass texting on their phone? I mean if your that stupid maybee crashing your car into a ditch and breaking a few bones will teach you alot more then this law.

The other thing i dislike about this law is i have no choice to do so. In the past i would only talk on a phone depending on the situation. If i felt it was safe to do so i would but let's say it was a big snow storm and i couldn't see well in front of me i would not even consider picking it up....

I think Squishy said something like this before. If you get into an accident drunk or because of a cell phone they're should be some kind of added fine amount or added penalty for doing it.

Anyways this one will be interesting to see how it plays out!


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Unread post by Squishy on

tdrive2 wrote:And also make it illegal to drive without shoes.
Hey, why? When I teach new drivers, I start them out shoeless. You get better control over the pedals and all you have to do is make sure the shoes are out of the way and to move the seat forward one notch. I have adapted to driving with steel-toed boots, but some people either don't wear thick-soled shoes enough or simply will never adapt to driving with them. Those occasional boot wearers and high-heel wearers should be driving barefoot, in my opinion.

I hope I don't get ticketed by an overzealous cop once the law goes into effect and the blitz begins...I might have to tone down my cockpit for a while.
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Unread post by Radar Identified on

tdrive2 wrote:Besides what does this law even do???
It might make some of those boneheads hang up and drive. Common sense cannot be legislated, but because enough people out there lack common sense, the law needed to be passed.
tdrive2 wrote:Why not ban eating and driving while your at it to?
Eating and driving has not been shown to be as dangerous as driving drunk. Talking on a cellphone while driving has been shown to be as dangerous as driving drunk. But seriously, why would anyone eat while driving? I mean, sipping a coffee or munching flax seeds while stopped a a traffic light, okay, that's fine. In the past week I've seen five incidents where people nearly caused collisions while talking on their cellphones. I can't recall a single time in my entire life I've seen someone eating and posing a danger on the road.
tdrive2 wrote:If your having a conversation with a head set or the phone what is the difference?
In terms of mental cognition: None. It should've been no use of cellular phones while driving except for emergencies. Really, it's one thing to keep your eyes on the road, it's another to keep your mind on the road.
tdrive2 wrote:The cure for me to pay more attention is higher speed roads.
Anyone who needs higher speeds to keep their mind on the road should not drive a motor vehicle. Expressways and freeways have a lot less information and decision-making that a driver has to do, this is why they have higher speed limits. Surface streets have pedestrians, intersections, people turning, stopping, traffic lights, signs, and all kinds of things. The chances of collision are much higher. If the elevated risk of getting in a collision on a surface street isn't enough to force someone to pay attention, they should take public transit.


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Unread post by tdrive2 on

So whats dangerous about checking a text message quick waiting at one of those long lengthy stop lights in a busy suburb intersection while it takes a long boring 4 mins to get moving again?


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Unread post by Radar Identified on

In that context: Zilch. The problem is that if the legislation was worded "unless stopped" people would, upon receiving a text message or cellphone call, simply stop in the middle of the road to answer it or reply to it. If they worded it "unless stopped at a red light," then it would get even more complicated, because people would just continue using it after the light turned green and hold up traffic.

When I'm driving, I don't answer the cellphone or check text messages unless I'm parked. It isn't hard. I don't need to be connected to everyone all the time. If it's important, they'll leave a message and I'll get back to them. I'd rather be scanning the intersection and my rearview mirror for any possible threats that may be coming toward me.


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Unread post by Bookm on

The REAL problem will be realized over the next 5 years, or so. All the "tweens" who, "OMG, would just DIE", if they're off their precious phone for more that 52 seconds, are about to get their licenses and enter an environment they have no clue how to manage. If you want to believe they are all going to "abide by some dumb rule that old people think they need to live by", you got another thing comin'! I know kids today. They won't turn off their phone. They just won't.

Personally, I think the cell phone is going to spell the end of decent insurance rates as we know them (even for good drivers, LIKE ME!). I know I'm at my lowest level of attention when on the phone. I'll only use it out on open roads, clear of traffic. I know that's bad, but as much as folks despise the practice, they still do it themselves. I know because I call, and they answer!

Personally, I like to use the bluetooth earpiece when I drive. The trick is to test it out thoroughly before a real call comes in. Make sure it's on and the volume is set LOUD (so you're not fumbling with it when a quiet-talker calls. As soon as I get a call, I tell the caller that I'm driving, and that I'm "handsfree", so if it appears I lose focus during the call, it's because I've directed my attention to my driving and will return to the call when able. If I never return to the call, it's because I've crashed!

As one of the last guys on earth to actually GET a cell phone, it's now obvious to me that they will forever play an important role in peoples minute-to-minute activities during the day. We all lead complicated lives and the cell phone is needed to keep pace.

As much as I hate being behind someone driving while on the phone, I don't see an easy fix. People WILL defy this law. They WILL find ways to hide the fact that they're on the phone (tinted windows, speaker-phone, etc.). I'm just glad that the bulk of my driving is behind me. I don't think the roads are going to get safer as time goes on. Cell phones have sealed your fate.

The only distraction we had as kids was the CB! Didn't seem to cause much of a fuss back then.

"Hey, ya, it's the XM45-eighteen-364. YA IT'S the Tigercat sit'n on the side of the dime... WE GOWN!"


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Unread post by Reflections on

CB??? I thought we went straight to CD. I didn't know we had version CA, CB, CC then CD....... :D

Side note: My father-inlaw was rear ended the other day by a 21yr old nursing student. It was her second accident, she's got her G2. Her parents showed up at the scene and both said, your not driving my car....... Maybe they will have to learn the hard way......




http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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