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Questions regarding HTA 78 & 78.1
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PostPosted: Sat Sep 24, 2016 11:00 am 
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Joined: Fri Nov 14, 2014 12:03 pm
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Little argument that came up in work today. I personally don't know the answer, so I thought I'd ask here.

So according to the HTA 78.1

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. 2009, c. 4, s. 2; 2015, c. 27, Sched. 7, s. 18.

So I see how it says while holding or using, so my coworker said it was completely legal if it is mounted. I stated how it shouldn't be since the Act specifically says "using". Opinions?

Second, I was pulled over for Unnecessary Noise (loud music, verbal warning), and the officer told me that my car radio (factory) was illegal because the screen was too big. Only topic I can see covering that is

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. 2009, c. 4, s. 1.
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.

I think it should fall under the category of D or E since my back up camera displays on it, but it also uses radio functions and whatnot. Measured the screen yesterday, from bottom left corner to top right corner measured 7.4 inches. Illegal?


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Re: Questions regarding HTA 78 & 78.1
PostPosted: Sat Sep 24, 2016 10:48 pm 
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Regulation 366/09 of Ontario HTA says: https://www.ontario.ca/laws/regulation/090366
Exemption for pressing buttons
14. (1) A person may drive a motor vehicle on a highway while pressing a button on a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio if the device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion and the driver can see it at a quick glance and easily reach it without adjusting his or her driving position.
14. (2) A person may drive a motor vehicle on a highway while pressing a button on a device that is worn on his or her head or hung over or placed inside his or her ear or is attached to his or her clothing and is linked to a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio or a hand microphone or portable radio.


What is the specific charge and section number did you acutally receive?

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+++ This is not legal advice, only my opinion +++


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Re: Questions regarding HTA 78 & 78.1
PostPosted: Sun Sep 25, 2016 12:10 am 
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Joined: Wed Sep 19, 2012 1:44 am
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The poster didn't receive anything. He was simply having an exchange between himself and another individual.

As for the screen, I've never heard of anything regulating screen size. 6-7 inches is pretty much standard on any touch screen double din receiver. In fact, you'll start seeing screens getting bigger and bigger as manufacturers look to replace all the various knobs and buttons on the centre console with an all in one screen. I believe one of the biggest screen on a production vehicle in Canada from the factory is around 17 inches. Perhaps something was lost in translation during the conversation.


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Re: Questions regarding HTA 78 & 78.1
PostPosted: Sun Sep 25, 2016 12:33 am 
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Joined: Mon Nov 29, 2010 8:08 pm
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Tesla Model S' screen is 17" and you can literally browse the web as well. The "exemption for pressing buttons" is why officers will not lay charges as long as the hand-held device is securely mounted.


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Re: Questions regarding HTA 78 & 78.1
PostPosted: Sun Sep 25, 2016 9:16 am 
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Joined: Thu Jul 26, 2012 1:18 pm
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Oh yes, I did not read that correct...
Quote:
Second, I was pulled over for Unnecessary Noise (loud music, verbal warning), and the officer told me that my car radio (factory) was illegal because the screen was too big. Only topic I can see covering that is


So unnecessary noise and the screen size are obviously completely seperate issues. There is more on screens in that same regulation I posted above.

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+++ This is not legal advice, only my opinion +++


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