Ontario Announces Details on Ban on Hand-Held Devices

The Government of Ontario has revealed the details of its ban on hand-held devices while driving and announced that the first phase of enforcement will commence on October 26, 2009. The law, which passed earlier this year, will make it illegal for drivers (excluding police, paramedics and firefighters or anyone using a hand-held device to call 9-1-1) 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 for non-compliance.

Under the new law, cell phone use while driving will only be permissible using a hands-free device where you press a button once to activate and one to de-activate that is mounted or secured to the vehicle dash. Anything that is Bluetooth hands-free is exempt. The trucking industry is not exempt from the legislation. The cell phone ban will apply the same to truckers as to other motorists.

The legislation also deals with other hand-held devices in common use in the trucking industry. There is a permanent exemption for satellite, navigation, collision avoidance and other fleet management systems for the viewing of logistical information on the display. However, interaction with the device cannot be done while holding the device in hand while vehicle is in motion.

In addition, under the new rules, truck drivers will not be permitted to use hand-held push-to-talk (hand mics, walkie-talkies) devices while driving unless they are mounted or secured to the vehicle (it cannot be hanging from the roof of the cab or dashboard) and is easily accessible. The device must also be activated by one press of a button and de-activated by another press of the button.

Perhaps the most controversial aspect of the new law as it pertains to trucking is the introduction of a time limited 3 year phase-out Citizen Band Radios (CB’s) and two-way radios. These devices present a particular challenge since the receiver unit and communications unit are separate from each other and connected by a cord. They currently require a driver to hold down the handset button to talk. The three-year phase-out is designed to allow for hands-free technologies to be developed. However, OTA has been informed by Ministry Officials that should no suitable technology be readily available to replace CB’s and two-way radios within the 3 year timeframe there may exist the possibility of further extension of the phase out until such a time as the technology becomes available.

The Ontario Trucking Association, which supported the intent and the principle of the bill that introduced the new law, and participated in consultations to come up with the final rules, said that “there is sufficient evidence to suggest that the new law is directionally appropriate,” according to its president, David Bradley. “We support the hand-held cell-phone ban and believe that the Ministry has made reasonable accommodation for most of the other hand-held devices used by industry that serve an important business purpose.”

However, Bradley concedes that the three-year phase-out of hand-held CBs is likely to draw the attention of many truck drivers. “Given the still pervasive use of these devices in the industry, I expect there could be push-back from some truck drivers,” he said. “In many respects the CB is not only an important part of the truckers’ social network, but it is also an important safety device in its own right.”

“However, by introducing a conditional three-year phase-out, it gives us time to monitor how the technology develops and if need be revisit the issue down the road,” he said. “It doesn’t mean that CB’s are going to be banned on October 26th, 2009 or February 1, 2010.”

Ontario joins more than 50 countries worldwide and a growing number of North American jurisdictions that have some form of distracted driving legislation including Quebec, Nova Scotia, Newfoundland and Labrador, California and New York. The set fine will be determined between now and February 1, 2010. However, the fine range permissible for this offense is between $60 and $500. There are no demerit points associated with this offense.