Highway Traffic Amendment Act (Cellular Phones), 2000 O'Toole, John — Bill 102 (37th Parliament, 1st Session)

Bill 102, 37-1

Ontario — Bills

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Bill 102, Highway Traffic Amendment Act (Cellular Phones), 2000

O'Toole, John

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[37] Bill 102 Original (PDF)

Bill 102

Bill 1022000

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 or car

phone, a portable computer or a fax machine while driving a motor vehicle on

a highway.

Exception

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

(a)a fire department vehicle;

(b)a motor vehicle while used by a person in the lawful performance of his

or her duties as a police officer;

(c)an ambulance; or

(d)a public vehicle.

Same

(3)Subsection (1) does not apply if the person is 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.

Definition

(4)In subsection (3), "

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

driving.

Use of equipment with hands-free feature permitted

(5)Despite subsection (1), a person may use equipment listed in subsection

(1), if the person uses a hands-free feature to operate the equipment and

does not use a listening device, which covers or provides sound to both

ears.

Definition

(6)In subsection (5), "

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

operate a cellular phone or car phone, a portable computer or a fax machine

without any manual manipulation and includes a voice activated or speaker

system.

Collection and reporting of information on role of cellular phones, etc.,

in accidents

(7)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 use of a cellular phone or car phone, a portable computer or a fax

machine played a role in the cause of an accident, the Registrar shall

include such information in his or her 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), 2000 .

EXPLANATORY NOTE

The Bill adds a

section to

Part VI of the Highway Traffic Act to

prohibit the use of a cellular phone or car phone, portable computer or fax

machine while driving a vehicle. Specific exceptions are provided for cases

like emergencies. The Bill also permits the use of phones, portable computers

and fax machines while driving a motor vehicle, as long as the equipment is

fully operated through a hand-free feature. The Bill goes on to require the

Registrar to compile data on accidents where the use of a phone, portable

computer or fax machine played a role in the accident.

Date Bill stage Activity Committee

June 20, 2000

First Reading

Carried

Debates and Progress

First Reading

June

20, 2000

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 102, 37-1
Type	bill
Volume / chapter	p37 s1 bill 102 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	dac438bbd6b4c610ce6835e303a3debfad8e9933

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