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Thread: SAVE: Distracted Driving

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    SAVE: Distracted Driving

    Can you post the section(s) related to distracted driving and fines that could be incurred if charged for distracted driving.
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    Sure no problem!



    From the Highway Traffic Act:

    Display screen visible to driver prohibited

    78. (1) No person shall drive a motor vehicle on a highway if the display screen of a television, computer or other device in the motor vehicle is visible to the driver. 2009, c. 4, s. 1.

    Exceptions

    (2) Subsection (1) does not apply in respect of the display screen of,

    (a) a global positioning system navigation device while being used to provide navigation information;

    (b) a hand-held wireless communication device or a device that is prescribed for the purpose of subsection 78.1 (1);

    (c) a logistical transportation tracking system device used for commercial purposes to track vehicle location, driver status or the delivery of packages or other goods;

    (d) a collision avoidance system device that has no other function than to deliver a collision avoidance system; or

    (e) an instrument, gauge or system that is used to provide information to the driver regarding the status of various systems of the motor vehicle. 2009, c. 4, s. 1.

    Same

    (3) Subsection (1) does not apply to the driver of an ambulance, fire department vehicle or police department vehicle. 2009, c. 4, s. 1.

    Exemption by regulation

    (4) The Minister may make regulations exempting any class of persons or vehicles or any device from this section and prescribing conditions and circumstances for any such exemption. 2009, c. 4, s. 1.

    Hand-held devices prohibited

    Wireless communication devices

    78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2.

    Entertainment devices

    (2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle. 2009, c. 4, s. 2.

    Hands-free mode allowed

    (3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2.

    Exceptions

    (4) Subsection (1) does not apply to,

    (a) the driver of an ambulance, fire department vehicle or police department vehicle;

    (b) any other prescribed person or class of persons;

    (c) a person holding or using a device prescribed for the purpose of this subsection; or

    (d) a person engaged in a prescribed activity or in prescribed conditions or circumstances. 2009, c. 4, s. 2.

    Same

    (5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services. 2009, c. 4, s. 2.

    Same

    (6) Subsections (1) and (2) do not apply if all of the following conditions are met:

    1. The motor vehicle is off the roadway or is lawfully parked on the roadway.

    2. The motor vehicle is not in motion.

    3. The motor vehicle is not impeding traffic. 2009, c. 4, s. 2.

    Regulations

    (7) The Minister may make regulations,

    (a) prescribing devices for the purpose of subsections (1) and (2);

    (b) prescribing persons, classes of persons, devices, activities, conditions and circumstances for the purpose of subsection (4). 2009, c. 4, s. 2.

    Definition

    (8) In this section,

    “motor vehicle” includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine. 2009, c. 4, s. 2.



    The fine for this is $125 plus victims of crime surcharge, for a total of $155.

    Hope this helps!
    Opinions expressed are those of the author, accuracy of information posted cannot be guaranteed. These opinions in no way represent the OPP, any other Police Department or Police Officer.

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    Does this apply to CBs aswell?
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    One other question about GPS, is it true the GPS has to be built into the car to be legal? Heard is a very grey area
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    ^ I've got one that relates to Mugsy's...


    My GPS is a netbook (small laptop) that sits in a tray on the dash of my vehicle...it has a large screen (11")...it ONLY displays GPS software while driving...it has the potential to run other software and ultimately surf the web when paired to my phone, etc...but its main purpose and ONLY use while on road is for GPS and running ONLY GPS software...how would this fit in when it comes to 78.(1) and 78.(2)(a)



    I just want to point out that this question and the question that started this thread are both totally hypothetical and are NOT based on any recent incident or violation. They are purely for information and curiosity.

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    Quote Originally Posted by BillyBastard View Post
    Does this apply to CBs aswell?
    According to the MTO, as of October 26 of this year, yes it will apply to CB's.

    There was a 3 year grace period on these types of 2 way radios.

    Hope this helps...

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    Quote Originally Posted by mugsy View Post
    One other question about GPS, is it true the GPS has to be built into the car to be legal? Heard is a very grey area
    Quote Originally Posted by igotafrigginjeep View Post
    ^ I've got one that relates to Mugsy's...


    My GPS is a netbook (small laptop) that sits in a tray on the dash of my vehicle...it has a large screen (11")...it ONLY displays GPS software while driving...it has the potential to run other software and ultimately surf the web when paired to my phone, etc...but its main purpose and ONLY use while on road is for GPS and running ONLY GPS software...how would this fit in when it comes to 78.(1) and 78.(2)(a)



    I just want to point out that this question and the question that started this thread are both totally hypothetical and are NOT based on any recent incident or violation. They are purely for information and curiosity.
    The way it was explained to me, is that as long as the GPS is mounted in some manner (ie dash mount/suction cup type) it is ok.

    As far as the laptop goes, I would think as long as it is mounted properly, and you're not watching Driving Miss Daisy while trying to negotiate 401 traffic on a Friday afternoon, you SHOULD be good to go.

    All kidding aside, the intent here I believe and as I've read, is that it is being used for navigation purposes. After all, even though your laptop can do other things, I think some of the new GPS units can also do pictures, translate languages and a pile of other things. Makes sense that if it is just being used for navigation, it SHOULD be fine.

    I emphasize SHOULD, as I do not have much experience in enforcing this particular section, or any Court experience to relate to you.

    Long winded, but hopefully I've coverred it!

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    ^ Thank you sir and I fully understand your use of the word SHOULD.

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    Sorry, but I just gotta ask...

    Quote Originally Posted by ON OFFroad View Post
    (8) In this section,

    “motor vehicle” includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine. 2009, c. 4, s. 2.

    Hope this helps!
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    Farm Equipment Rules
    Self-Propelled Implements of Husbandry (SPIH) Converted from Highway Vehicles
    HTA 1(1)

    The HTA defines a SPIH as:

    "a self-propelled vehicle manufactured, designed, redesigned, converted or reconstructed for a specific use in farming".

    Combines, swathers and forage harvesters are examples of SPIH. Trucks that have been converted for specific uses in farming may also qualify as SPIH.

    In order for a former truck to qualify as a SPIH, it requires significant and specific physical change to the cargo-carrying portion of the vehicle. The modifications must lend themselves to a specific use in farming with the vehicle being of little use except to carry the farm products that it was designed to carry. Also, after conversion, it would not be practical to use the vehicle for its original purposes.

    Specific use does not mean one single use. Transporting items such as grain, potatoes, tobacco, hay, or forages in the same converted vehicle are all within the meaning of specific use.

    Note: A person considering converting a truck to a SPIH may wish to contact his or her farm insurance carrier prior to starting the conversion to determine how it will be insured.

    Examples of converted vehicles that are acceptable:

    Remove the cargo box from a truck and install a grain gravity box or potato slinger.
    Remove the cargo box from a truck and install a feed mixer.

    truck converted to a potato slinger truck converted to a manure tanker
    schoolbus converted to a straw bale carrier truck converted to a manure carrier
    Examples of acceptably converted vehicles

    Converted vehicles that are unacceptable:

    Removing the doors, windows, seats and/or cab of a truck and carrying a load of hay.
    Welding a dump truck's tailgate shut.

    Insurance - Farm Equipment
    Insurance Industry

    Most farm liability policies cover farm equipment, including tractors, SPIH and implements, when operating on the road. Contact your insurance company to determine if and how a SPIH that has been converted from a former highway vehicle is insured. Also contact your insurance company to determine if and how liability and damage coverage applies to implements towed with trucks.
    Tractors Used for other than Farm Use
    HTA 1

    Tractors do not become cars or trucks when temporarily used for non-agricultural use such as to cut roadside grass in front of a farm or for towing fair parade floats, etc.
    Highway Restrictions
    HTA 113, 185, Reg. 603, 609

    Regulation 609 (Restricted use of the King's Highway)
    Tractors and SPIH, of any size, are prohibited from operating on the 400, 401, 402, 403, 404, 405, 406, 407, 409, 410, 417, 420, 427 and QEW. However, if there is no other means to access the owner's farmland, a 400 series highway may be travelled on, provided the shortest possible route is taken.
    Regulation 603 (Over-Dimensional Farm Vehicles)
    Over-dimensional farm equipment is prohibited from being driven or towed on the 400, 401, 402, 403, 404, 405, 407, 409, 410, 416, 417, 427 and QEW. In addition, portions of the 406, 410 and 420 and some 2, 3 and 4 lane highways, usually in and around cities, are restricted. For a complete list of these highways refer to Regulation 603. No farmland access exemptions apply

    "Over-dimensional" means wider than 2.6 m (8.6"), higher than 4.15 m (13'6"), or individually or in combination longer than 23 m (75 ft).

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    Why thank you CC....

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    Awesome thread! Thank you so much for this! At times in the past I may have checked my phone, sitting in a cup holder, simply to see who called while at a red light. As 78.1(6) is phrased as "all", not "any", this is technically verboten, correct? Personally I doubt I'd attract any attention but I'd like to know where that sits.

    Also, can you expand on CB Radio usage? The section you pasted likes to use the phrase "hand-held" a lot and mounted devices (such as GPS and phones mounted for hands-free use) seem to be exempt. Most CBs are mounted and the microphone has a single button, but the hand-held portion is not the device itself.

    Thanks!
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    Quote Originally Posted by salad View Post
    Awesome thread! Thank you so much for this! At times in the past I may have checked my phone, sitting in a cup holder, simply to see who called while at a red light. As 78.1(6) is phrased as "all", not "any", this is technically verboten, correct? Personally I doubt I'd attract any attention but I'd like to know where that sits.

    Also, can you expand on CB Radio usage? The section you pasted likes to use the phrase "hand-held" a lot and mounted devices (such as GPS and phones mounted for hands-free use) seem to be exempt. Most CBs are mounted and the microphone has a single button, but the hand-held portion is not the device itself.

    Thanks!
    To answer the first part of your question, technically you are correct in that simply picking the phone up and using any of the features could amount to an offence.

    The second part of your question I can understand your point of view, however you are still required to pick up the microphone and key it to broadcast. I suppose the only way I can relate it, is an analogy if you were using the "speaker" option on your phone for hands free, but picking up the phone every time you went to talk. Does that make sense?

    Hope this helps!

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    Thanks very much, it does! And not to debate as that'd be inappropriate for this section, but it seems to me that the spirit of the legislation is largely around keeping a driver's eyes on the road. Most CB mics have a giant button and you just squeeze the thing to use it - simpler even than cruise control I wonder if the people who added that in just didn't like CBs or something. Without doing any research (I don't want to trouble you any further) do you know if there was an incident that lead to the addition of CBs?

    Thanks again, and cheers!

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    Quote Originally Posted by ON OFFroad View Post

    All kidding aside, the intent here I believe
    Would it be fair to say that the bulk of the legislation is only a guideline. Where the real determining factor is the intent behind the use?


    I think this is why it is such a good service you provide here. You provide the "usual" way that police officers interpret the legislation. Giving us a better idea of the intent of the legislator when they introduced the law.

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    Or worse texting when directing traffic
    Attached Thumbnails Attached Thumbnails GetAguyfttachment.jpg  
    Last edited by sedric; 08-26-2012 at 12:18 PM.

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    ^ Not sure what that has to do with distracted driving, except it might get this forum axed.

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    Quote Originally Posted by salad View Post
    Thanks very much, it does! And not to debate as that'd be inappropriate for this section, but it seems to me that the spirit of the legislation is largely around keeping a driver's eyes on the road. Most CB mics have a giant button and you just squeeze the thing to use it - simpler even than cruise control I wonder if the people who added that in just didn't like CBs or something. Without doing any research (I don't want to trouble you any further) do you know if there was an incident that lead to the addition of CBs?

    Thanks again, and cheers!
    It's a pleasure to help out in any way I can.

    I don't know if they specifically targeted CB's when they created this legislation. I think it was simply all electronics which involved using your hands (and therefore taking focus off of the road).

    They did extend a grace period though, in an effort to allow time for businesses to adapt and find alternate methods.

    This is my understanding...

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    Quote Originally Posted by 4wheeler View Post
    Would it be fair to say that the bulk of the legislation is only a guideline. Where the real determining factor is the intent behind the use?


    I think this is why it is such a good service you provide here. You provide the "usual" way that police officers interpret the legislation. Giving us a better idea of the intent of the legislator when they introduced the law.
    I think it was brought up in another thread, about the fact that legislation is interpreted on many different levels. From the first contact by a Police Officer, to the Supreme Court legislation is constantlyy being interpreted. In the end, I believe a lot has to do with the "intent".

    A point of clarification though, I can only speak to my opinions, and I can't speak for any other Police Officers. Hopefully it is still informative.

    I appreciate your positive feedback though!

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