I received a ticket for using a hand held device in Cambridge. I am a transport driver and was using a two-way radio at a red light to get directions from my dispatch. I have since found out that the use of two-way radios is exempt from distracted driving charges in transport trucks until 2021. Any advice on how to fight this? Do I need representation which I'm told will cost about $900.
Thanks for any feedback.
Do you need representation for this type of situation? It depends.
Normally, I'd probably say no. However, your livelihood probably relies on a clean driving abstract. It might help to have someone who knows the ins and outs of a courtroom who is not going to be fumbling around. In that case, is the $900 worth it?
If you want to give it a go, you can start by requesting a court date. From there, you'll wait to receive your Notice of Trial in the mail. Then you can make a disclosure request. Assuming the numbers on the top of your ticket are 4460, that would be 77 Queen St. North.
Here is all the relevant information for a disclosure request.
Phone: 519-575-4804, Option #1
Email (General Inquiries): firstname.lastname@example.org
Email (Disclosure Request): email@example.com
Or if you wish to fill out the online form, it's available here. (Frequently asked questions > How can I obtain disclosure prior to my early resolution meeting or trial date?)
Just make sure that you’ve read https://www.ontario.ca/laws/regulation/090366
And in particulate, the definitions associated to the exemption. “Two way radio” is a very specific definition.
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. O. Reg. 366/09, s. 14 (1).
(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. O. Reg. 366/09, s. 14 (
Decatur put it best.
Two way radios are defined. Make sure you fall into that definition.
“two-way radio” means a wireless communication device, consisting of a main receiver unit and a separate hand-held microphone, that is operated by a push-to-talk function on a set frequency and that allows for voice communication but not for the transmission and receipt of voice communication at the same time. (“radio bidirectionnelle”) O. Reg. 366/09, s. 1; O. Reg. 424/15, s. 1.
Time-limited exemption for certain commercial activities
12. (1) Drivers of commercial motor vehicles may drive a commercial motor vehicle on a highway while holding or using a two-way radio. O. Reg. 366/09, s. 12 (1), O. Reg. 253/12, s. 2 (1); O. Reg. 424/15, s. 3 (1).
(2) The following persons, while engaged in the performance of their duties, may drive a motor vehicle on a highway while holding or using a two-way radio:
1. Drivers of motor vehicles clearly identified as courier delivery vehicles.
2. Drivers of roadside assistance service vehicles.
3. Drivers of taxicabs and limousines licensed by a municipality or airport authority to provide passenger service.
4. Drivers of street cars.
5. Drivers of road-building machines.
6. Over-dimensional vehicle escorts appointed under section 110.5 of the Act. O. Reg. 366/09, s. 12 (2), O. Reg. 253/12, s. 2 (2); O. Reg. 424/15, s. 3 (2); O. Reg. 214/18, s. 1.
(3) Subsection (1) does not apply if the driver is using the commercial motor vehicle for personal purposes without compensation. O. Reg. 366/09, s. 12 (3).
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