Highway Traffic Amendment Act (Cellular Phones), 2002 O'Toole, John — Bill 49 (37th Parliament, 3rd Session)

Bill 49, 37-3

Ontario — Bills

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Bill 49, Highway Traffic Amendment Act (Cellular Phones), 2002

O'Toole, John

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[37] Bill 49 Original (PDF)

Bill 49 2001

An Act to amend the

Highway Traffic Act

to prohibit the use of phones

and other equipment

while driving on a highway

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

Assembly of the Province of Ontario, enacts as follows:

1. The Highway Traffic Act is amended by

adding the following section:

Prohibition, cellular phones, etc.

78.1

(1) No person shall use a

cellular phone, car phone, portable computer or fax machine while driving a

motor vehicle on a highway.

Exceptions

(2) Subsection (1) does not apply to,

(

a) a person driving a fire department vehicle, an ambulance or a public

vehicle; or

(

b) a police officer driving a motor vehicle while in the lawful

performance of the person's duties as a police officer.

Same

(3) Nothing in subsection (1) prevents a person 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.

Definitions

(4) In subsection (3),

"hands-free feature" means a feature that enables a person to fully

operate a cellular phone, car phone, portable computer or fax machine without

any manual manipulation and includes a voice activated or speaker system;

("commandes mains-libres")

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

driving. ("acte illicite")

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,

portable computer or fax machine played a role in causing the accident, the

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

clause 205 (1) (e).

Commencement

2. This Act comes into force on the day it receives

Royal Assent.

Short title

3. The

short title of this Act is the Highway

Traffic Amendment Act (Cellular Phones), 2001.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to prohibit the use of a

cellular phone, car phone, portable computer or fax machine while driving a

motor vehicle. Specific exceptions are provided for cases like emergencies

and cases where the driver uses the equipment entirely through a hands-free

feature.

The Registrar is required to report cases where the use of a cellular

phone, car phone, portable computer or fax machine played a role in a motor

vehicle accident.

Date Bill stage Activity Committee

October 17, 2002

Ordered referred to Standing Committee

Standing Committee on General Government

October 17, 2002

Second Reading

Carried

December 5, 2001

Ordered carried over from previous session

December 5, 2001

Carried over to next session

May 14, 2001

First Reading

Carried

Debates and Progress

First Reading

May

14, 2001

Second Reading

Debate

October

17, 2002

Mr. O'Toole, Mr. Colle, Mr. Bisson, Mr. Barrett, Mr. Smitherman,

Mr. Miller, Mr. Agostino, Mr. Martin

Declared carried and referred to the Standing Committee on

General Government

Committee

Standing Committee on General Government

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 49, 37-3
Type	bill
Volume / chapter	p37 s3 bill 49 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	1f167677e9a7d98600317a9fc2c3cc92a7f0a97b

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