Highway Traffic Amendment Act (Cellular Phones), 2003 O'Toole, John — Bill 3 (37th Parliament, 4th Session)

Bill 3, 37-4

Ontario — Bills

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Bill 3, Highway Traffic Amendment Act (Cellular Phones), 2003

O'Toole, John

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[37] Bill 3 Original (PDF)

Bill 3 2003

An Act to amend the

Highway Traffic Act

to prohibit the use of phones

and other equipment

while a person is 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:

Section 32 of the Highway Traffic Act , as

amended by the Statutes of Ontario, 1993,

chapter 40,

section 2, 1996,

chapter 20,

section 3 and 2002,

chapter 18,

Schedule P,

section 12, 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.

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; or

(

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.

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 played a role in 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 other equipment for the purposes of subsection (2) or (5).

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), 2003 .

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. There are exceptions for cases like emergencies and cases

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

driver's licences 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, pager, personal data

assistant, portable computer, fax machine or other equipment prescribed by

the regulations made under the Act played a role in 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 1, 2003

Ordered referred to Standing Committee

Standing Committee on General Government

May 1, 2003

Second Reading

Carried

April 30, 2003

First Reading

Carried

Debates and Progress

First Reading

April

30, 2003

Second Reading

May

1, 2003

Mr. O'Toole, Mr. Bryant, Mr. Bisson, Mr. Tascona, Mr. Bradley,

Mr. Christopherson, Mr. Barrett, Mr. Smithereman, Mr. Miller, Mr.

Agostino

May

1, 2003

Declared carried and referred ot 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 3, 37-4
Type	bill
Volume / chapter	p37 s4 bill 3 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e4b2b5a23a498076e744107f6106c6ed419c37a5

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