Highway Traffic Amendment Act (Cellular Phones), 2008 O'Toole, John — Bill 73 (39th Parliament, 1st Session)

Bill 73, 39-1

Ontario — Bills

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Bill 73, Highway Traffic Amendment Act (Cellular Phones), 2008

O'Toole, John

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[39] Bill 73 Original (PDF)

Bill 73 2008

An Act to amend the Highway Traffic Act to prohibit the use

of phones and other equipment while a person is driving on certain parts of a

highway

Note:

This Act amends the Highway Traffic Act. For the legislative history of the

Act, see the Table of Consolidated Public Statutes – Detailed Legislative

History on www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Section 32 of the Highway Traffic Act is amended by

adding the following subsection:

Driving examinations

(14.1) The practical and written driving examinations

mentioned in clause (14) (

e) shall include an examination of the applicant's or

holder's knowledge of

section 78.1 and the regulations relating to it.

2. The Act is amended by

adding the following section:

Cellular phones and other equipment

78.1

(1) In

this section,

"hands-free

feature" means a feature that enables a person to fully operate a cellular

phone, car phone, pager, personal data assistant, portable computer, fax

machine or other equipment prescribed by the regulations without any manual

manipulation and includes a voice activated or speaker system; ("commandes

mains-libres")

"novice driver" means a novice driver as defined in the regulations made

under

section 57.1; ("conducteur débutant")

"unlawful act" includes, but is not limited to, careless or impaired

driving. ("acte illicite")

Prohibition

(2) No person shall use a cellular phone, car phone,

pager, personal data assistant, portable computer, fax machine or other

equipment prescribed by the regulations while driving a motor vehicle on a

highway located,

(

a) in

a community safety zone designated under

section 214.1;

(

b) within

200 metres of the scene of a motor vehicle accident or apparent motor vehicle

accident;

(

c) within

100 metres of a school crossing marked as such; or

(

d) in

any other area prescribed by the regulations.

Exceptions

(3) Subsection (2) does not apply to,

(

a) a

person who is not a novice driver while the person is driving a fire department

vehicle, an ambulance or a public vehicle;

(

b) a

police officer who is not a novice driver while the person is driving a motor

vehicle while in the lawful performance of the person's duties as a police

officer; or

(

c) a

person prescribed by the regulations who uses equipment prescribed by the

regulations in circumstances prescribed by the regulations.

Same

(4) Nothing in subsection (2) prevents a person who is not

a novice driver from,

(

a) using

a cellular phone or car phone to report an emergency, a traffic accident, an

unlawful act or unsafe road conditions to the appropriate authorities; or

(

b) using

equipment listed in that subsection, if the person uses a hands-free feature to

operate the equipment and does not use a listening device that covers or

provides sound to both ears.

Report on

accident

(5) If an investigation by the Registrar of a motor

vehicle accident under clause 205 (1) (

b) or a record kept under subclause 205

(1) (c) (

i) suggests the possibility that the use of a cellular phone, car

phone, pager, personal data assistant, portable computer, fax machine or other

equipment prescribed by the regulations contributed to causing the accident,

the Registrar shall mention that possibility in the report to the Minister

under clause 205 (1) (e).

Regulations

(6) The Lieutenant Governor in Council may make

regulations prescribing anything that is described in subsection (2), (3) or

(5) as being prescribed by the regulations.

Legislative review

(7) A committee of the Legislative

Assembly shall,

(

a) no

earlier than two years and no later than three years after this

section comes

into force, begin a comprehensive review of this section, the regulations made

under it and the operation in practice of this

section and those regulations;

and

(

b) within

one year after beginning that review, make recommendations to the Assembly

concerning amendments to this

section and the regulations made under it.

Commencement

3 . This

Act comes into force on the day it receives Royal Assent.

Short title

4. The

short title of this Act is the Highway Traffic Amendment Act

(Cellular Phones), 2008 .

EXPLANATORY NOTE

The

Bill amends the Highway

Traffic Act to prohibit the use of a cellular phone, car phone,

pager, personal data assistant, portable computer, fax machine or other

equipment prescribed by the regulations made under the Act while a person is

driving a motor vehicle in an area prescribed by the regulations made under the

Act, including a community safety zone, within 200 metres of the scene of a

motor vehicle accident or apparent motor vehicle accident or within 100 metres

of a school crossing. There are exceptions for cases like emergencies, cases

where a driver who is not a novice driver as defined in the regulation on

drivers' licences uses the equipment entirely through a hands-free feature and

other cases prescribed by the regulations made under the Act.

The

Registrar is required to report cases where the use of a cellular phone, car

phone, pager, personal data assistant, portable computer, fax machine or other

equipment prescribed by the regulations made under the Act may have contributed

to causing a motor vehicle accident.

Drivers'

licence examinations are required to include a portion testing the applicant's

knowledge of the amendments made by the Bill.

Date Bill stage Activity Committee

May 7, 2008

First Reading

Carried

Debates and Progress

First Reading

May 7, 2008

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

Acts affected - Bill 73

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Highway Traffic Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 73, 39-1
Type	bill
Volume / chapter	p39 s1 bill 73 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	11b7d788689d643124284eaf0dde2d0611d7de83

Source file is stored in the law ingest library (html).