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Two charged under new distracted driver legislation

Two people were recently charged by Greater Sudbury Police under the newly-enacted distracted driver legislation. The first driver was texting on their cell phone while driving, and had a child in the back seat.

Two people were recently charged by Greater Sudbury Police under the newly-enacted distracted driver legislation.

The first driver was texting on their cell phone while driving, and had a child in the back seat.

The other driver was talking on their phone while stopped at a red light. An officer happened to be stopped next to this driver. The driver sat at the intersection for some 10 seconds after the light changed to green, still talking on her cell phone.

The officer next to her put his hazard lights on to warn traffic so that no one was struck.

Distracted Driving Bill 118 took effect Oct. 26, 2009. The new law bans the use of hand-held wireless communications devices, hand-held electronic entertainment devices and certain display screens.

Drivers are now prohibited from:

  • Using hand-held wireless communication devices (such as cell phones and blackberries) and hand-held electronic entertainment devices (such as iPods and Playstation portables)
  • Texting and emailing
  • Programming directions or changing information on GPS devices
  • Having display screens visible to the driver if they are unrelated to the driving task, such as DVD players and laptop computers

Under the new law, drivers are allowed to use hands-free communication devices (including their hand-held devices in hands-free mode) with an earpiece, headset, speakerphone or Bluetooth device.

The legislation also exempts display screens of GPS devices that are used in hands-free mode and display screens used in commercial vehicles to track the location of the vehicle and provide information on cargo delivery, passenger pickup or operational information from a dispatcher or control centre.

There is also an exemption for display screens of collision avoidance systems and display screens to allow drivers to see behind the vehicle when backing up and screens that provide information on road and weather conditions. The regulation makes it clear that display screens must be placed securely in, or mounted to, the motor vehicle so that the screen does not move while the vehicle is in motion.

Drivers of police, fire or ambulance vehicles are exempted from the display screen and hand-held wireless communication device bans in the performance of their duties.

The legislation also exempts all drivers if they must call 911, or if they are pulled off the roadway and not impeding traffic, or legally parked.