Web posted on October 12, 2009

Preparing for the Distracted Driver Law

(County of Wellington, ON.) - Distracted drivers are a safety risk to themselves as well as all other users of our roadways. It will be illegal in Ontario for drivers to use any electronic devices that can cause driver distraction (not exclusive to cell phones) as of October 26, 2009. All of this will include your typical texting devices, IPhones, IPods as well as cell phones. The main focus will initially be on educating drivers for the first three months up until February 1, 2009.

During this educational period officers will use their discretion as to whether a charge is warranted which would be by way of a summons. Starting February 1, 2010 charges can be laid by issuing an offence notice with a set fine. Police have always had the ability to lay charges for Careless Driving or criminal driving offences such as Dangerous Driving if the situations warrant.

The County of Wellington OPP are committed to ensuring the safety of all motorists in Ontario.

Here are some typical Questions and Answers that may help you understand some of the changes coming into effect on October 26, 2009.......

Q1- What is the correct name of the legislation?

The correct short name is Countering Distracted Driving and Promoting Green Transportation Act, 2009

Q2- What does this legislation propose?

The Countering Distracted Driving and Promoting Green Transportation Act prohibits the use of devices with display screens and hand-held communication and entertainment devices except when these devices are used in a manner prescribed by the legislation.

Q3- Which electronic devices are still be permitted under this new legislation?

The legislation doesn't ban the use of these electronic devices in vehicles but rather prohibits their use in a way that may cause driver distraction while driving. Devices exempt from being prohibited for use by drivers under the proposed legislation include:

* Display screens of GPS navigation devices;

* Hand held communication and similar devices as long as they are used as prescribed by legislation (hands free sets);

* Commercially-used logistical transportation tracking systems;

* Collision avoidance systems; and

* Instruments gauges and systems providing information regarding the status of systems of the vehicle.

Q4- Can I use my hand-held cell phone or other device while I'm stopped in traffic or at a red traffic light?

No. The legislation is specific in describing which conditions must be met before a driver may utilize their cell phone without a hands free system. These conditions include:

* Vehicle must be off the roadway or lawfully parked on roadway; and

* Must not be in motion; and

* Is not impeding traffic.

Q5- Does the legislation apply to all drivers?

No. police, fire department and ambulance personnel will be permitted to use hand-held wireless communications devices in the normal performance of their duties.

Q6- Can I use my hand-held cell phone to call for help in an emergency?

Yes. Drivers may place emergency calls to the police, fire department and emergency medical services. If possible, drivers should pull off the road before making an emergency call.

Q7- When will this legislation come into effect?

The legislation will come into effect on October 26, 2009.

The County of Wellington OPP is committed to promoting and enhancing the safety of all users of our roadways. Police want to remind drivers if you need to use a cell phone or electronic device, please pull safely off the road before doing so.
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