Ontario Cell Phone Legislation

August 31st, 2009

*UPDATE as of September 29,2009: The law will take effect October 26th, 2009 with a grace period until Febuary 2010. At that time fines will be handed out…You’ve been warned!!*
This October, new laws are being introduced in Ontario that will affect how we use our cellphones. The purpose is to prevent drivers from getting distracted by texting, twittering and good ol’fashion phone calling. Though it’s not clear exactly what can and cannot be done yet, I’ve posted questions and answers based on Rogers’ interpretation of the most up-to-date information currently available about how this law will be applied. Thanks to Karen Meshworkfrom the Re/Max Realtron Sheppard Office for emailing me the article…which I read while parked ;)

Q1. When does the legislation take effect?
A1. The legislation will be in effect from October 2009, but it is understood that there will be a consumer awareness and education period initially, where the police will be lenient about violations.

Q2. What devices are not allowed to be used while driving?
A2. Drivers cannot use handheld wireless communications devices while driving. This includes cell phones, BlackBerrys, iPods or other portable MP3 devices, PlayStation portables or Gameboys. Drivers also cannot view display screens on devices that are unrelated to driving such as a laptop or DVD player.

Q3. Does that mean I cannot text message or respond to emails while driving?
A3. Text messaging and emailing are not permitted while driving.

Q4. If I have a hands-free function, such as Bluetooth, can I use my phone while driving?
A4. Yes, using a hands-free wireless communications device, for example a Bluetooth, will be permitted.

Q5. My hands-free device requires me to press a button to accept a call. Will this be allowed?
A5. Yes, pressing a button of a hand-held device that is secured in an accessible place to activate the hands-free mode for an incoming or outbound call is permitted under the legislation.

Q6. Can I use the key pad on my phone to dial a phone number?
A6. No. You can only press a button to accept (or end) a call, or to initiate a voice activated dialling feature.

Q7. What about calls to 911?
A7. All calls to 911 are permitted while driving. However, before placing a call it is advisable to stop safely at the side of the road.

Q8. Will I be able to use a GPS device while driving?
A8. Yes, GPS devices that are mounted on a dashboard or windshield are permitted to be used. You are not permitted to use GPS if it requires you to hold the device in your hand. For example using Google maps while holding your Blackberry in your hand would not be permitted. You are also required to pull over to the side of the road to input addresses into your GPS, you cannot type while driving.

Q9. What are the penalties for using a cell phone while driving?
A9. Fines range from $60 to $500.

Q10. Are there any demerit points associated with an infraction?
A10. There are no demerit points for a violation, however, if the driver causes an accident or injury while driving while using an electronic device they could be charged with careless driving or dangerous driving. Both of these offences have associated demerit points.