[38] Bill 23 Original (PDF)
Bill 23 2003
An Act to amend the
Highway Traffic Act
to prohibit the use of cell 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:
1. 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.