CHESTERVILLE — Hand-held microphones haven’t been pried from the fingers of truckers, farmers and even amateur enthusiasts who chat over old-fashioned two-way and CB radios while behind the wheel. At least not quite yet.
The McGuinty government’s sweeping new ban on driving while using handheld mobile devices took effect on Mon., Oct. 26 (although police won’t begin issuing tickets until Feb. 1). However, it will be another three years before the so-called Distracted Driving law applies to traditional two-way radio systems, according to an official with Ontario’s Ministry of Transportation.
"There is a three-year, time-limited exemption on the use of two-way radios," says Leo Tasca, team leader for special projects in MTO’s road safety policy office. Tasca further explained that the exemption covers only traditional units where the microphone is separate from the receiver.
That rules out cell phones operating in "two-way" mode, which must immediately comply with the new law. Drivers are permitted to reach over and key the microphone on these non-exempt, two-way devices, but are prohibited from drawing such units up to their faces to talk. Tasca suggested they could wear the device in a holster or attach it to the dash with velcro, in combination with a headset for talking and listening. "You can still press the button, and you can do that as many times as you like."
Older-style radio units with separate microphones can be used just as they always have, until the exemption runs out. Then those microphones must similarly stay put while the driver pushes the button to talk, without pulling it forward. The exemption period, he added, is meant to provide time for users to find a way of bringing their systems into compliance. "I think what we tried to do was be pro-active with this."
The law applies to drivers of all vehicles on the road, even unlicensed machines like a farm tractor. "It is a motor vehicle," he explained. "Again, it’s for their own safety."
The issue is more than academic in farm country.
At an Oct. 7 meeting of the Dundas Federation of Agriculture in Chesterville, cash cropper Arden Schneckenburger demanded the Ontario Federation of Agriculture take a position against the law. Calling for OFA "advocacy on behalf of farmers to protect them from this legislation," Schneckenburger also suggested it ran counter to another law that requires him to remain in constant contact with his farm while field crops are being sprayed.
Tasca emphasized the aim is to increase safety on Ontario roadways.
Asked if biting into an apple would also run afoul of the new distracted driving law, he conceded the legislation "doesn’t address apple eating." He also suggested that mobile devices were "far more widespread" as a driver distraction compared with eating and driving.
The MTO says that studies show a driver using a cell phone is four times more likely to be in a crash than a driver focused on the road, with dialing and texting carrying the highest degree of risk related to this activity.
Under the new rules contained within the awkwardly titled law — The Countering Distracted Driving and Promoting Green Transportation Act — drivers who text, type, email, dial, or chat using a prohibited hand-held device face a fine of up to $500 but no demerit points.
Police, paramedics, firefighters, and some commercial drivers and public service workers may continue to use certain hand-held devices when performing their duties. As well, all motorists may call 9-1-1 with a hand-held phone while driving.
Ontario has joined a relatively small cadre of North American jurisdictions that have slapped a hand-held cell-phone ban on all drivers. Only six U.S. states (according to the Governors Highway Safety Association) and three other Canadian provinces have imposed such a restriction to date.
News
November, 2009
Vol. 33, No. 11
NEWS
