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  [ 2 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Section 78 Paragraph (1) - What are the limits?
Author Message
PostPosted: Thu Sep 28, 2017 6:04 am 
Offline
Newbie

Joined: Thu Sep 28, 2017 5:58 am
Posts: 1
Hello,

Section 78 "Display screen visible to driver prohibited", paragraph 1 (see: https://www.ontario.ca/laws/statute/90h08#BK137), states that "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."

My question is as follows: is it legal for a passenger sitting in the front seat of a motor vehicle to operate a cellphone, tablet, or other handheld device with a screen if the screen is within line of sight of the driver? For example, if the passenger does not place some sort of obstruction in the path between the driver's eyes and their device, it is likely that the screen is within line of sight of the driver. Is this an offense against the Highway Traffic Act? If a passenger in the front seat is operating a mobile device with a screen, can the driver be ticketed?

I know someone who forbids anyone in the front seat from using a device with a screen. Can I simply hold my hand to the left side of my phone so that it is invisible to the driver? The person I know disagrees that doing that is good enough because the police officer has no way of knowing that the screen was, in fact, invisible to the driver, if we were pulled over.

Sincerely,
Kai


Top
 Profile  
 
Re: Section 78 Paragraph (1) - What are the limits?
PostPosted: Thu Sep 28, 2017 10:55 am 
Offline
Member

Joined: Tue Aug 16, 2016 10:09 am
Posts: 203
There's a Saskatchewan case from 2012, R v McNally (https://www.canlii.org/en/sk/skpc/doc/2 ... kpc58.html) in which the driver had a "glowing screen" on the passenger seat. The officer charged him under the Traffic Safety Act. At trial, the judge ruled that the driver was paying more attention to the screen than to his driving. I would imagine a similar test would apply in Ontario. Obviously, if the passenger is holding the device in such a way as make it impossible or almost impossible for the driver to see it, that would be okay. But turning the device towards the driver would not be.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 2 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Speed limits

casper

8

1921

Mon May 05, 2008 5:20 pm

hwybear View the latest post

There are no new unread posts for this topic. Attachment(s) Different speed limits on both sides of the road

jebotegg

13

869

Thu Feb 24, 2011 8:27 pm

Reflections View the latest post

There are no new unread posts for this topic. Attachment(s) Different speed limits on each direction of the road

[ Go to pageGo to page: 1, 2, 3, 4 ]

gabe

53

2974

Tue Dec 13, 2011 10:19 pm

Stanton View the latest post

There are no new unread posts for this topic. Filing for 11B - Time Limits ?

DrSteven

3

570

Mon Oct 19, 2015 4:24 pm

jsherk View the latest post

There are no new unread posts for this topic. HTA provision for variable speed limits is active...

Radar Identified

6

539

Wed Mar 11, 2015 4:19 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Impact of new Supreme Court ruling regarding trial limits?

nanotech

11

1012

Sun Apr 16, 2017 9:44 pm

Whenaxis View the latest post

There are no new unread posts for this topic. "Orange & Black" Speed Limits are unenforceable

iFly55

3

1408

Tue Jan 01, 2013 11:57 am

hwybear View the latest post

There are no new unread posts for this topic. Section 172 and Section 128

jsiddiqi

2

1122

Thu Jan 22, 2015 7:30 am

bend View the latest post

This topic is locked, you cannot edit posts or make further replies. Section 89

racer

0

974

Sat Feb 07, 2009 10:58 pm

racer View the latest post

This topic is locked, you cannot edit posts or make further replies. Section 29

racer

0

953

Wed Feb 18, 2009 10:46 pm

racer View the latest post

There are no new unread posts for this topic. section 32 (9)

sroghen

12

3277

Tue Jul 13, 2010 9:24 pm

sroghen View the latest post

There are no new unread posts for this topic. Inspectors - Section 58.2

admin

0

1157

Thu Jan 24, 2008 6:12 am

admin View the latest post

 


Who is online

Users browsing this forum: Google [Bot] 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.