New Ontario law bans cellphone use while driving

[Michael OLeary]

New [Ontario] law bans cellphone use while driving

Article LInk

By THE CANADIAN PRESS
Last Updated: 22nd April 2009, 2:42pm

Get your hands off those cellphones, Ontario drivers — a new law that bans using hand-held devices to talk, email, or send text messages while behind the wheel was passed today.

The new rules, which won’t come into effect until at least the fall, include a fine of up to $500 as the province joins other jurisdictions in cracking down on drivers using the devices.

The law doesn’t affect the use of hands-free devices such as Bluetooths or using cellphones for 911 calls, but it does include portable video games, MP3 players and DVD players.

Global positioning systems will be allowed, as long as they’re properly secured to the dashboard.

There are no demerit points attached to the bill — unlike in other provinces — but drivers who place others at risk by using one of the banned devices can also be charged under existing careless driving laws.

Ontario is the fourth province to enact such a ban, following Newfoundland and Labrador, Quebec and Nova Scotia.

 

[JBoyd]

I agree with such laws, when you are driving your eyes and mind should be on the road not on your phone.

Here in B.C. I believe we have the hands-free only enforcement; However I have yet to see anything in regards to enforcement or fines in media or word of mouth. In the provinces that already have these no hand-held devices laws how do they actively enforce the law? and if someone chooses (if possible) to fight the fine how do they prove they were using such a device in the first place?

 

[Greymatters]

It is very difficult to enforce - but is applied n insurance claims...

 

[PuckChaser]

I don't see this will help, most of the bonehead moves I've seen done by drivers were completed with both hands on the wheel.

 

[Michael OLeary]

People didn't think seat belt laws would be enforceable either, but that seems to be working.

 

[the_girlfirend]

This law was pass last year in Québec... (we can still see a lot of people using their phone though :nod
Retail stores sold so many headsets, bluetooth and stuff... if you don't have one already get one now...
Remember the demand and supply curves???  yeah! prices go up ;D

 

[George Wallace]

I agree with such laws, when you are driving your eyes and mind should be on the road not on your phone.

Here in B.C. I believe we have the hands-free only enforcement; However I have yet to see anything in regards to enforcement or fines in media or word of mouth. In the provinces that already have these no hand-held devices laws how do they actively enforce the law? and if someone chooses (if possible) to fight the fine how do they prove they were using such a device in the first place?

As was mentioned before, enforcement will be done the same way as Seatbelt Legislation was enforced.  I am also sure that in the case of an accident, where a cellphone is found on site, cellphone records will be checked.  This would involve other legislation that was passed a year ago, permitting Police to monitor cellphone traffic in cases, and records of Cell Towers that were used in transmitions prior to the accident.  So, a caution to anyone with a cellphone, who may be involved in an accident, don't use your phone to call 911, but that of a witness, as the records will be used in the investigation and perhaps Courts.  > 

 

[Journeyman]

The law doesn’t affect the use of hands-free devices such as Bluetooths or using cellphones for 911 calls, but it does include portable video games, MP3 players and DVD players.

Now that's a drag; when riding the bike, I've gotten used to cranking up the volume to drown out the terrified screams of the passenger and those irritating police sirens 

;D

 

[Sub_Guy]

So, a caution to anyone with a cellphone, who may be involved in an accident, don't use your phone to call 911, but that of a witness, as the records will be used in the investigation and perhaps Courts.  >

A call to 911 would be easy to track though, let's say you get into an accident at 1445, and 911 gets your call at 1447.  They would hard pressed to try an prove you were chatting away before the accident, the times of all the calls are logged.

 

[George Wallace]

A call to 911 would be easy to track though, let's say you get into an accident at 1445, and 911 gets your call at 1447.  They would hard pressed to try an prove you were chatting away before the accident, the times of all the calls are logged.

Two minutes.

On whose watch?

Are all the watches at the scene synchronized?

Who actually took the time to accurately record the exact time of the accident? 

Time has a strange affect of slowing down and speeding up in accidents.  How many people have the presence of mind in an accident to immediately record the time?  "Around quarter to three" isn't going to be an indication of the split second an accident occurred.

Better safe than sorry, as this may be what is most highly contested in a Court Case.

 

[Michael OLeary]

Well, the 911 call will be recorded.  And if the phone records show if the phone was in use immediately (or within a reasonable period) before the 911 call ....

Unless you're suggesting some people will call 911 just before they cause the accident. 

 

[Redeye]

Be interesting to see how well they can enforce this.  It kind of makes me annoyed - when I'm on the road I use my phone as an MP3 player. Have a playlist preloaded or on random and I just leave it plugged in sitting on the passenger seat.  According to the law as I understand it that would be technically illegal (though I fail to see how they could actually catch me doing it, since it would seem that the cops would have to see you making a call in order to stop you and ticket you), it isn't a distraction any more than having the radio on would be because I'm not manipulating the controls in any way while driving.  If a call comes in I just let it go to voicemail, because I haven't gotten around to getting a bluetooth earpiece yet - I guess I better do that.

 

[George Wallace]

Possibly by simply watching for people making unsafe lane changes or turns without using their signal lights (99% of Ontario drivers and 99.9999999% of Quebec drivers in the NCR) and simply pulling them over for a quick inspection. 

 

[Eye In The Sky]

Since the ban of cell phone use while driving has been introduced here in NS, most of the people I have seen driving while talking on a cell phone have been RCMP officers in their cruisers. 

 

[Redeye]

That wouldn't do it I don't think, though - because the law doesn't ban possession of the devices.  Having one's phone in the car is not an offence - using it is.  The officer would have to be able to prove that not only was the individual in possession of the device, but that they were also using the device.  I cannot see that being easy to prove in court.

Possibly by simply watching for people making unsafe lane changes or turns without using their signal lights (99% of Ontario drivers and 99.9999999% of Quebec drivers in the NCR) and simply pulling them over for a quick inspection.

 

[George Wallace]

That wouldn't do it I don't think, though - because the law doesn't ban possession of the devices.  Having one's phone in the car is not an offence - using it is.  The officer would have to be able to prove that not only was the individual in possession of the device, but that they were also using the device.  I cannot see that being easy to prove in court.

Dashboard cameras recording the officer's pursuit and actions, plus cellphone records, might.

 

[George Wallace]

I am sure that should records be subpoenaed and that they showed that between Point A at XX:01 hrs and Point B at XX:15 hrs your Cellphone signal was relayed through Cell Tower 300095, Cell Tower 300096, Cell Tower 300001 and Cell Tower 401001, that there would be enough evidence that you, as the sole occupant of a motor vehicle, were using a Cellphone while driving.

On top of the Fines, you would also have to cover all Legal costs. 

The technology is out there.

 

[JBoyd]

As far as mp3 players go, I think the law more refers to using the device while driving, not listening. Flipping through your massive music library on your ipod could be compared to texting while driving. Honestly I don't see a problem with hooking up a mp3 player before you leave and not touching it until you stop, much like your radio or cd player (although one can argue that changing cd's/stations is just as distracting)

 

[leader]

I am sure that should records be subpoenaed and that they showed that between Point A at XX:01 hrs and Point B at XX:15 hrs your Cellphone signal was relayed through Cell Tower 300095, Cell Tower 300096, Cell Tower 300001 and Cell Tower 401001, that there would be enough evidence that you, as the sole occupant of a motor vehicle, were using a Cellphone while driving.

On top of the Fines, you would also have to cover all Legal costs. 

The technology is out there.

How do you then prove that the driver wasn't using a Bluetooth device?

 

[GUNS]

Being in that we ( NL ) were the first to ban cell phones while driving. I have to say, its not working. There seem to be more users of cell phones while driving than ever before.

It has to do with enforcement of the law, which from my POV is totally lacking by our police department.

The resources need to be in place before adapting a new law, if not, just a waste of time.