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.