Ontario Has New Rules For Hand-Held Wireless And Entertainment Devices; Don’t Use Them While Driving

blackberry-curveAt the end of October, Ontario’s new distracted driving law took effect. The law makes it illegal for motorists to use almost any hand-held communication or entertainment devices while driving, except for a rare emergency. Therefore, if you tend to talk, text or e-mail from a hand-held device while operating a motor vehicle, expect to be stopped by police if you’re caught.


The new law only applies to hand-held devices, so if you really have to make a call, you can still use one of the following:


  • A cell phone with an earpiece or headset using voice dialing, or plugged into the vehicle’s sound system

  • A global positioning system (GPS) device that is properly secured to the dashboard or another accessible place in the vehicle.
  • A portable audio player that has been plugged into the vehicle’s sound system.

The law also permits the use of some wireless devices that require users to push a button to activate and/or deactivate the device’s “hands-free” function.


The only exceptions to the law allow drivers to use hand-held devices when calling for emergency personnel when they see an accident, or when the vehicle is safely pulled off the roadway, and is stationary and/or legally parked. Drivers may also view a display screen of an instrument or system that provides system status on the vehicle itself, but not a portable movie screen or laptop.

Of course, emergency personnel, police and the fire department will be permitted to use hand-held wireless communications devices and view display screens in the normal performance of their duties.


The use of hand-held radios by amateur radio operators (who provide assistance, especially in emergency situations such as severe storms and blackouts) will be phased out within three years, to allow hands-free technologies to be developed.


In addition, a small percentage of drivers in transport-related industries, like school buses, taxis and couriers, and public service workers, like transit and highway maintenance workers, who rely on wireless devices and display screen technologies in their work will receive a three-year reprieve, in the form of a phase-out period for the commercial use of two-way radios, including mobile and CB radios, to allow for hands-free technologies to be developed. In addition, mobile data terminals, logistical tracking devices and dispatching devices will be exempt for commercial and public service vehicle drivers who are engaged in the performance of their duties.


Hand-mikes (push-to-talk systems) and portable radios (walkie-talkies) may be used in a hands-free mode. This would mean the driver can use a lapel button or other hands-free application as long as the hand-mike or walkie-talkies is not held while driving.

This is a lot to remember, but it you would like a copy of the Ontario government regulation, click here. Suffice it to say, if you have to talk while you drive, try to do it hands-free.

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