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 sign now

Bill 23 - 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 examinationsmentioned in clause (14) (e) shall include an examination of the applicants or holders 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 orother equipment prescribed by the regulations without any manual manipulation and includes a voice activated or speaker system;

novice driver means a novice driver as defined in theregulations made under section 57.1; unlawful act includes, but is not limited to, careless or impaired driving.

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.

2 HIGHWAY TRAFFIC AMENDMENT ACT (CELLULAR PHONES), 2003

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 whilethe person is driving a motor vehicle while in the lawful performance of the persons duties as a police officer.

Same (4) Nothing in subsection (2) prevents a person who isnot a novice driver from, Idem:

(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 theequipment 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 ve-hicle 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 incausing 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).

3. This Act comes into force on the day it receivesRoyal Assent. Short title
4. The short title of this Act is the Highway TrafficAmendment Act (Cellular Phones), 2003.

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Antoinette BaileyBy:
Justice, rights and public orderIn:
Petition target:
John O'Toole, MPP Durham

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