McGuinty Government Making Ontario's Roads Safer

Ontario's ban on hand-held devices while driving will take effect on October 26, 2009.

The new law will make it illegal for drivers to talk, text, type, dial or email using hand-held cell phones and other hand-held communications and entertainment devices.

Following a three-month period that begins October 26, where the focus will be on educating drivers, police will start issuing tickets on February 1, 2010.

Studies show that a driver using a cell phone is four times more likely to be in a crash than a driver focused on the road.  Other studies show that dialing and texting carries the highest degree of risk of all cell phone-related activities.

Police, paramedics and firefighters will continue to be allowed to use hand-held devices when performing their duties. All drivers may use hand-held devices to call 9-1-1. 

QUICK FACTS

·         Under Ontario's new law, fines of up to $500 can be levied against distracted drivers who text, type, email, dial, or chat using a prohibited hand-held device.

·         Ontario joins more than 50 countries worldwide and a growing number of North American jurisdictions that have similar distracted driving legislation including Quebec, Nova Scotia, Newfoundland and Labrador, California and New York.

·         Teens and young people under 35 are the most frequent users of cell phones while driving.

QUOTE

"It is not safe to be texting, e-mailing or dialing a phone when you are driving a vehicle. Now it is also illegal."

– Jim Bradley, Minister of Transportation

Ontario's New Rules For Hand-Held Wireless And Entertainment Devices

As of October 26, 2009, Ontario's new distracted driving law will make it illegal for motorists to use hand-held wireless communication devices or any hand-held electronic entertainment devices while driving.

This includes hand-held cell phones, texting and e-mailing.

Hands-free devices will still be permitted.  

This new law also prohibits viewing a display screen unrelated to the driving task such as laptops or DVD players while driving.    

HANDS-FREE DEVICES

The new law applies only to hand-held wireless communications and hand-held electronic entertainment devices.  This means drivers must only use wireless devices that can be used in a "hands-free" manner:  

• a cell phone with an earpiece or headset using voice dialling, or plugged into the vehicle's sound system  

• a global positioning system (GPS) device that is properly secured to the dashboard or another accessible place in the vehicle

• a portable audio player that has been plugged into the vehicle's sound system.

Some wireless devices require that users push a button to activate and/or deactivate the device's "hands-free" function.  This activity is permitted under the law. 

HAND-HELD DEVICES

All drivers

Drivers will not be permitted to use hand-held communication and entertainment devices when driving, with the following exceptions:

• Calling 9-1-1 in an emergency situation 

• When the driver has safely pulled off the roadway and is stationary or is lawfully parked.

Other devices not included in the ban:   

• Viewing a display screen used for collision avoidance systems 

• Viewing a display screen of an instrument, gauge or system that provides information to the driver about the status of systems in the motor vehicle.  

Emergency Response Personnel

Police, fire department and emergency medical services personnel will be permitted to use hand-held wireless communications devices and view display screens in the normal performance of their duties.

The use of hand-held radios by amateur radio operators (who provide assistance, especially in emergency situations such as severe storms and blackouts) will be phased out within three years, to allow hands-free technologies to be developed.

Commercial Drivers

A small percentage of drivers in transport-related industries (e.g., school buses, taxis, couriers) and public service workers (e.g., transit and highway maintenance workers) rely on the use of certain types of wireless devices and display screen technologies in the performance of day-to-day operations.

To help these businesses stay competitive, Ontario is granting a three-year phase-out period for the commercial use of two-way radios, including mobile and CB radios, to allow for hands-free technologies to be developed.

The new law will not affect mobile data terminals, logistical tracking devices and dispatching devices.  They will be exempt for commercial and public service vehicle drivers who are engaged in the performance of their duties.

Hand-mikes (push-to-talk systems) and portable radios (walkie-talkies) may be used in a hands-free mode.  This would mean the driver can use a lapel button or other hands-free application as long as the hand-mike or walkie-talkies is not held while driving.

CONTACTS

Bob Nichols
Communications Branch
416-327-1158
Bob.Nichols@nullontario.ca

Nicole Lippa-Gasparro
Minister's Office
416-327-1815
Nicole.Lippa-Gasparro@nullontario.ca