The new Countering Distracted Driving and Promoting Green Transportation Act came into force today. The Act amends various parts of the Highway Traffic Act^ and the Public Vehicles Act.# The supplementary regulation reflecting the amendment of the Highway Traffic Act also came into force today.

The legislative explanatory note provides a summary to the amendment of the Highway Traffic Act:

Driving a motor vehicle with the display screen of a television, computer or other device visible to the driver is prohibited. The display screens of global positioning system navigation devices, hand-held communication and similar prescribed devices, commercially-used logistical transportation tracking systems, collision avoidance systems and instruments, gauges and systems providing information regarding the status of systems of the motor vehicle are exempted from the prohibition. Drivers of ambulances, fire department vehicles and police department vehicles are also exempted. The Minister of Transportation may provide for further exemptions by regulation.

Driving while holding or using a hand-held wireless communication device or electronic entertainment device is prohibited. Use of such devices in the hands-free mode is exempted. Use of such devices while the motor vehicle is off the travelled part of the road, not in motion and not impeding traffic is exempted. Drivers of ambulances, fire department vehicles and police department vehicles are exempted from the prohibitions respecting hand-held wireless communication devices, as are any drivers using the devices to contact ambulance, police or fire department emergency services. The Minister of Transportation may prohibit holding or using other devices by regulation and may provide for further exemptions by regulation.

Keep in mind that many public servants, such as the police and firefighters are exempted from this regulation. Therefore, don’t scream “hypocrisy” when you see police officers using their two-way radios or laptops. For the rest of us, we’re allowed to do the following:

• talking on the phone using a hands-free device
• pressing a button to accept or decline answering a call if the device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion and the driver can see it at a quick glance and easily reach it without adjusting his or her driving position.
• using a GPS device
• using a collision avoidance system device that has no other function

However, the following tasks are not OK under the new law:

• watching a DVD while driving
• texting while driving
• dialling numbers by hand while driving
• using a laptop while driving

Of course, the examples are not exhaustive. If you’re unsure about what you can or cannot do while driving, please consult a properly licensed lawyer.

*S.O. 2009 c.4

^R.S.O. 1990, c. H.8

#R.S.O. 1990, c. P.54

** O. Reg. 366/09

Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.