Issue link: https://digital.canadianlawyermag.com/i/425225
By steve morales a s people become increasingly glued to their cellphones, talking and texting behind the wheel have overtaken speeding and impaired driving as the leading causes of automotive fatalities in Ontario. The Ontario Provincial Police says distracted driving is a causal factor in at least 30 to 50 per cent of traffic collisions, but adds the real number is "probably much higher due to under-reporting." Police officers have even resorted to disguising themselves as homeless people to try to nab drivers who just can't help themselves while idling at intersections and highway underpasses. Ontario currently imposes some of the stiffest fines of any province or territory, but the government has proposed changes to make the law even tougher. The fine for using a hand-held device is $280, but proposed legislation would increase it to $1,000 and three demerit points, making it the harshest in the country. Many motorists remain unfamiliar with the new distracted- driving legislation in Ontario. Here is a list of what not to do while in your car: • make phone calls; • read and send text messages or e-mail; • program a GPS; • watch any entertainment device; • operate a portable music player. Other activities such as personal grooming, reading, writing, or possibly eating also fit the description, but cellphones and other communication devices are the primary culprits. As these devices have proliferated, so have accidents and deaths related to distracted driving, triggering changes to the law. Cars, trucks, motorcycles, and other typical street vehicles are all subject to the laws, as are farm tractors and other self-propelled agricultural vehicles, snow vehicles, and road- building machines. Ontario cyclists are not subject to any current distracted driving law. And it doesn't even matter if you're car is stopped while waiting at a red light. According to the Highway Traffic Act, drivers may only operate their devices when pulled over, parked, and not impeding traffic. The legislation is an attempt to modify driver behaviour, similar to when mandatory seatbelt laws were enacted. A recent example illustrated the necessity for both sets of laws. LaSalle, Ont. teenager Emily Bernauer died after her car veered off the road, struck a mailbox, and rolled over. The woman was not wearing a seatbelt and was texting just before the fatal crash. For these reasons most new vehicles include Bluetooth, or similar hands-free technology. The law allows the use of most single-button or voice- activated devices. This means it's OK if you're not holding a device or physically interacting with it aside from turning it on or off. You can turn on your Bluetooth for example, but can't manually program a GPS. It's also legal to briefly hold or touch your device, provided you're not operating it. In 2014, a Provincial Court judge overturned a charge against a Toronto woman who was ticketed at a red light when she picked up the phone she'd dropped to the floor. EMERGEnCY EXCEPTions For most civilian drivers, the only time you can use a hand-held device would be in making a 911 call. Police, fire and medical services may still use hand-held devices and view display screens. Commercial and public service workers can view mobile data terminals and tracking and dispatching devices. Two-way radios used for commercial purposes and some emergency situations are still usable until Jan. 1, 2018. The government allowed a substantial grace period to allow the development of hands-free alternatives. When behind the wheel though, the most important question to consider is whether that call or text message can wait? Considering the risks to yourself and others, as well as your wallet, it probably can. LRG According to the Highway Traffi c Act, drivers may only operate their devices when pulled over, parked, and not impeding traffi c. 11