Back in October of 2008, the Ontario government was mulling over a cell ban legislation to reduce distractions while driving. Within one year, this `distracted driving’ law is now in full effect. With the 3 month `probationary period’ ending next week, are Ontario drivers ready to give up their electronic devices?

It is now illegal to use a hand-held mobile phone, iPhone, Blackberry, portable DVD player or video game, and global positioning system (GPS) while driving in Ontario. The only exemption for the typical motorist is a 911 call.

Those caught driving with an electronic device in their hand will be fined up to $500. No demerit points are associated with this charge.

Why pass a law which some critics suggest is borderline unconstitutional? From CBC.ca:

“The Ministry of Transport said the ban is needed because driver distraction is a factor in 20 per cent of all road accidents. Bradley [Transportation Minister] said one U.S. study found texting boosted the risk of a collision 23 times.”

The government allows for a small window of time for Ontario residents to comply with a new law. Although the cell phone ban came into effect in October of 2009, most drivers caught chatting, emailing or texting up until now have only received a warning. (Unless officers used their discretion and charge offenders with more serious offences, such as careless or dangerous driving.)

According to the legislation boundaries, you may still use a hands-free device, such as Bluetooth technology, to talk while you’re on the road, and a GPS device if it is fixed to your dashboard.

Interestingly, some companies are requesting exemption from this legislation. According to The Toronto Star:

“While some cab companies, courier and trucking firms want exemptions from the law as regulations are being written, Bradley said they won’t be granted easily. “We would be extremely reluctant as a government to grant any exemptions unless a very compelling case could be made. Safety for the driving public … will be paramount.”

The government is looking at exemptions for communications devices for dispatching, tracking and monitoring commercial drivers.

Emergency services vehicles are also exempt from the prohibition on talking, texting and emailing using hand-held devices.”

What do you think about Ontario’s cell ban while driving?  Will you be complying?  What do you think about the possible exemptions? Please feel free to speak your voice in the comments below.

If you have been caught and charged with using an electronic device while driving, contact one of our licensed paralegals today to receive a FREE consultation regarding your Ontario traffic ticket.