New Ontario law bans cellphone use while driving

[George Wallace]

How do you then prove that the driver wasn't using a Bluetooth device?

How do you prove the person was even driving?

It will have to be documented at the time.  Not everyone owns a Bluetooth device, nor uses one. 

 

[Michael OLeary]

For all those who think proof will be an issue, please continue using your cell phones.  When you do get picked up, fight the ticket, and let us know how it goes (and what it costs you in time, money, etc.).

 

[1feral1]

Laws against the use of mobile telephones while driving have been present in Australia for some time, and this saves lives!

I use hands free if I have to talk on mine.

Here its about a 4250AUD fine, and I think 3 points of one's licence.

OWDU

 

[stukirkpatrick]

I think that enforcing the cell phone law would not be far off from gathering evidence for seatbelts.  If the officer is able to describe the phone being used, or to capture the offence on the in car camera system, it would assist one's credibility in court that an offence had occurred.

Anything that takes away from the factors that cause MVCs is good in my books!

Mind you, this is an outsider's opinion, as Ontario is no longer home.

 

[mhawk]

Just get a new Ford with Sync , and that will solve all your cell/mp3 problems

 

[Retired AF Guy]

I think that enforcing the cell phone law would not be far off from gathering evidence for seatbelts.  If the officer is able to describe the phone being used,

I would imagine that all that is required is for the officer to observe the driver talking on the phone to lay a charge.

or to capture the offence on the in car camera system, it would assist ones credibility in court that an offence had occurred.

I'm not sure if all the police cars in Ontario (OPP, regional, city) are equipped with cameras. I would suspect very few are (highway patrols only??). Plus, from what I've seen of these videos, their quality leaves a lot to desired. Mind you, I've only seen them on the TV (World's Scariest Police Chases and similar shows) so it may just be a lousy transfer to the screen.

A couple of comments: One, if I remember correctly, the original plan here in Ontario was to ban all electronic devices, including GPS devices. I'll have to check the exact wording of the new law to find out if this true;

Secondly, it all comes down to enforcement. The speed limit on the 400-series highways is 100 KPH. When was the last time have you observed anyone driving the speed limit on the 400-series highways? NEVER!! Everyone is doing 120+. Its a heck of a lot easier to bust someone for speeding than it will be for this law so I don't see much happening. Now in towns/cities where people are going slower, and the police have a better chance of observering the drivers actions, its a different story; and

Finally, what gets me is that Ontario already has a law that covers these situations. Section 130 of the Ontario Highway Traffic Act says the following: "130.  Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway (my emphasis). I would think that this would cover driving while yakking on cell phone or any other distractions.

 

[Fishbone Jones]

Finally, what gets me is that Ontario already has a law that covers these situations. Section 130 of the Ontario Highway Traffic Act says the following: "130.  Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway (my emphasis). I would think that this would cover driving while yakking on cell phone or any other distractions.

It does. However, it's all about McGuinty being seen as doing something to kowtow to the vocal minority. Ban pitbulls, ban street racing, ban this, ban that. Welcome to Bantario :

 

[mariomike]

I don't drive with the car radio on. Except to catch a traffic report "on the one". For safety, I prefer to listen to the traffic. Especially for sirens. It's a good way to avoid being caught in what we call a "wake accident".
A driver trainer for a well known trucking company told me that they fire any of their drivers caught bringing cell phones ( wireless or hand held ) or any other personal electronic gadgets on board their trucks. Even if stowed in their kit bags away from the cab.

 

[Shec]

It does. However, it's all about McGuinty being seen as doing something to kowtow to the vocal minority. Ban pitbulls, ban street racing, ban this, ban that. Welcome to Bantario :

There is something fundamentally flawed with a society that  must increasingly rely upon legislation to protect itself from itself.  Having said that I hope the electorate bans Premier-My-Name-Sounds-Like-an-Australian-Drinking-Song in the next election.

 

[stukirkpatrick]

I would imagine that all that is required is for the officer to observe the driver talking on the phone to lay a charge.

That is all that would be required, but if I had to enforce a ban such as this, I would take any other form of supporting evidence that I could!  Being able to describe offender's cell phone would be a good start.