Bill 16 — Third Session, 27Th Legislature, 59 Elizabeth Ii the Legislative Assembly of Alberta Bill 16 Traffic Safety (Distracted Driving) Amendment Act, 2010 (Legislature 27, Session 3)

L27 S3 5890

Alberta — Bills

2010 Bill 16 Third Session, 27th Legislature, 59 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 16 TRAFFIC SAFETY (DISTRACTED DRIVING) AMENDMENT ACT, 2010 MR. JOHNSTON First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 16 Mr. Johnston BILL 16 2010 TRAFFIC SAFETY (DISTRACTED DRIVING) AMENDMENT ACT, 2010 ( A s s e n t e d t o , 2 0 1 0 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cT-6 1 The Traffic Safety Act is amended by this Act. 2 The following is added after

section 115: Cellular telephones, electronic devices, etc. 115.1(1) Subject to this

section and the regulations made under

section 115.5, no individual shall drive or operate a vehicle on a highway while at the same time (

a) holding, viewing or manipulating a cellular telephone or other communication device that is capable of receiving or transmitting telephone communication, electronic data, electronic mail or text messages, or (

b) holding, viewing or manipulating a hand-held electronic device or a wireless electronic device.

(2) An individual may drive or operate a vehicle on a highway while using a cellular telephone in hands-free mode. (3) Subsection (1)(

a) does not apply to

1 Explanatory Notes Explanatory Notes 1 Amends

chapter T-6 of the Revised Statutes of Alberta 2000. 2 Cellular telephones, electronic devices, etc.; Distracted drivers.

2 (

a) an individual driving or operating an escort, pilot or trail vehicle who is required by regulation under this Act to maintain 2-way radio communication, (

b) an individual driving or operating a vehicle who is required by the individual’s employer to maintain 2-way radio communication while the individual is acting within the scope of the individual’s employment, (

c) an individual driving or operating a vehicle who is using 2-way radio communication while participating in a search, rescue or emergency management situation, or (

d) an individual driving or operating a vehicle who is using a cellular telephone or other communication device to contact an emergency response unit. (4) Subsection (1) does not apply to an individual driving or operating an emergency vehicle while the individual is acting within the scope of the individual’s employment. (5) Subsection (1) does not apply in respect of a vehicle that (

a) is not on a highway, or (

b) is parked in a manner specified in a regulation under this Act. Display screen visible to driver prohibited 115.2(1) Subject to this

section and the regulations made under

section 115.5, no individual shall drive or operate a vehicle on a highway if the display screen of a television, computer or other device in the vehicle is activated and is visible to the individual. (2) Subsection (1) does not apply in respect of the display screen of (

a) a global positioning system navigation device while it is being used to obtain navigation information in accordance with

section 115.3, (

b) a cellular telephone being used in hands-free mode,

2 Explanatory Notes

3 (

c) a logistical transportation tracking system device that is used to track vehicle location, driver status or the delivery of packages or other goods for commercial purposes, (

d) a dispatch system used for the transportation of passengers, (

e) a collision avoidance system device while it is being used to provide collision avoidance information, or (

f) an instrument, gauge, device or system that is used to provide information to the individual regarding the status of various systems or the location of the vehicle. (3) Subsection (1) does not apply to an individual driving or operating an emergency vehicle while the individual is acting within the scope of the individual’s employment. Global positioning system 115.3(1) Subject to this

section and the regulations made under

section 115.5, no individual shall use a global positioning system navigation device for navigation purposes while driving or operating a vehicle on a highway.

(2) An individual may use a global positioning system navigation device while driving or operating a vehicle on a highway if the system (

a) is programmed before the individual begins to drive or operate the vehicle, or (

b) is used in a voice-activated manner.

(3) If a global positioning system navigation device is portable, an individual may use the system while driving or operating a vehicle on a highway if, in addition to the requirements of subsection (2), the system (

a) is not held in the individual’s hand, and (

b) is securely affixed to the vehicle in a manner that does not interfere with the safe operation of the vehicle.

3 Explanatory Notes

4 Prohibited activities 115.4(1) Subject to this

section and the regulations made under

section 115.5, no individual shall drive or operate a vehicle on a highway while engaged in an activity that distracts the individual from the operation of the vehicle, including but not limited to (

a) reading or viewing printed material, (

b) writing, printing or sketching, (

c) engaging in personal grooming or hygiene, and (

d) any other activity that may be prescribed in the regulations. (2) Subsection (1) does not apply in respect of a vehicle that (

a) is not on a highway, or (

b) is parked in a manner specified in a regulation made under this Act. Regulations 115.5 The Minister may make regulations (

a) exempting any individual or class of individuals, vehicles or devices from

section 115.1, 115.2, 115.3 or 115.4 and prescribing conditions and circumstances for any such exemption; (

b) prescribing prohibited activities for the purposes of

section 115.4; (

c) respecting the manner in which a cellular telephone or electronic device may be used in hands-free mode. 3

Section 157(1)(

a) is amended by adding “115.1, 115.2, 115.3, 115.4,” after “115(2),”.

4 Explanatory Notes 3

Section 157(1)(

a) presently reads: 157(1) A person is guilty of an offence who contravenes or fails to comply with one or more of the following: (

a) section 51, 52(1), 53, 54(1), 61(2), 65, 66(5), 68(2), 69(1), 69(2), 69(3), 69(4), 69(5), 69(6), 70, 71, 76(1), 80, 90(3), 94(2), 111, 115(2), 119(1), 120(2), 120(3), 121, 123(2),

5 4 This Act comes into force on Proclamation.

5 Explanatory Notes 123(3), 126, 131(1), 137, 138, 140(1), 145, 147, 166(2), 166(3), 166(4), 173(5), 176(2), 183 or 188; 4 Coming into force.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2010 (27th, 3rd) Bill 16, Traffic Safety (Distracted Driving) Amendment Act, 2010

Document details

Collection	Alberta — Bills
Citation	L27 S3 5890
Type	bill
Volume / chapter	L27 S3 5890
Language	en
Format	json
Source	PROVINCIAL
Identifier	c945411edfa4f775df7bd1859529e4b56104c74b

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