Community Action

Ontario Cell Phone Legislation

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

The new law will make it illegal for drivers to talk, text, type, dial or e-mail using hand-held cell phones and other hand-held communications and entertainment devices. The use of hands-free devices will still be permitted.

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.

• 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.
• For more information, please visit www.mto.gov.on.ca.

Exemptions

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.

Sample Driver Scenarios

The following four examples show how drivers can make a few simple changes to their everyday routine in order to safely comply with the new law. In all situations, drivers are reminded that driving safely is priority one.

Mark, student
As a university student, Mark is always on the road: traveling from home to school and hooking up with friends after class. Mark frequently uses his time behind the wheel to send text messages to friends and family.

Under Ontario’s new law, Mark will no longer be allowed to type phone numbers or text messages into his hand-held device. If he needs to talk with friends, he could use an earpiece to talk with his friends in a hands-free manner. While Mark won’t be able to dial his friends’ numbers using his fingers, he may press a button on the base of the device to activate the “hands-free mode”, and then use the voice dialing function to place calls.

Mark can only send text messages if he is safely pulled off the road and is stationary or is lawfully parked.

Debra, marketing manager
Whenever Debra’s on the road, she’s on her smart phone: making the most of her long commute to work by responding to important emails as she drives.

Under Ontario’s new law, Debra won’t be able to send emails unless she does so in a hands-free manner. Reading emails from her smart phone’s display screen will also be prohibited. If she needs to send and receive emails, she can do so in a ‘hands-free mode’ that will allow her to dictate and send emails by voice, and have the emails she receives read back to her by the device.

Faisal, weekend traveller
Faisal never leaves home without his hand-held Global Positioning System (GPS) device. Every weekend, Faisal plots his travel destinations on the device before he leaves home, but often picks up the device to make adjustments as he drives.

He will no longer be permitted to make adjustments on the GPS device while driving, under Ontario’s new law. He can only continue to use his GPS device while driving if he attaches it securely to his dashboard to verify his location. To drive as safely as possible, Faisal should use the device’s voice command function to minimize the need to look at the GPS display screen.

Jackie, music-lover
Jackie always listens to her MP3 player in the car, and frequently picks up the device to find her favorite driving songs.

Under Ontario’s new law, Jackie can no longer use the MP3 player with her hands. However, Jackie could use the device if it is plugged into her car’s sound system. To use the device in a hands-free manner, Jackie should select her play list before she leaves home. This way, she will be able to push a single button to activate the device while staying focused on the road.