[38] Bill 135 Original (PDF)
Bill 135 2006
An Act to amend the
Highway Traffic Act to prohibit
the use of phones and other
portable equipment by novice drivers
while driving on a highway
Note: This Act amends the Highway Traffic Act. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 32 of the Highway Traffic Act is amended by adding the following subsection:
Driving examinations
(14.1) The practical and written driving examinations mentioned in clause (14) (e) shall include an examination of the applicant's or holder's knowledge of section 78.1 and the regulations relating to it.
2. The Act is amended by adding the following section:
Cellular phones and other equipment
78.1 (1) In this section,
"novice driver" means a novice driver as defined in the regulations made under section 57.1; ("conducteur débutant")
"unlawful act" includes, but is not limited to, careless or impaired driving. ("acte illicite")
Prohibition
(2) No novice driver shall use a cellular phone, car phone, pager, personal data assistant, portable computer, fax machine or other equipment prescribed by the regulations while driving a motor vehicle on a highway.
Exceptions
(3) Despite subsection (2), a novice driver may,
(a) use a cellular phone or car phone to report an emergency, a traffic accident, an unlawful act or unsafe road conditions to the appropriate authorities; or
(b) use equipment prescribed by the regulations in circumstances prescribed by the regulations.
Report on accident
(4) If an investigation by the Registrar of a motor vehicle accident under clause 205 (1) (b) or a record kept under subclause 205 (1) (c) (i) suggests the possibility that the use of a cellular phone, car phone, pager, personal data assistant, portable computer, fax machine or other equipment prescribed by the regulations by a novice driver contributed to causing the accident, the Registrar shall mention that possibility in the report to the Minister under clause 205 (1) (e).
Regulations
(5) The Lieutenant Governor in Council may make regulations prescribing anything that is described in this section as being prescribed by the regulations.
Legislative review
(6) A committee of the Legislative Assembly shall,
(a) no earlier than two years and no later than three years after this section comes into force, begin a comprehensive review of this section, the regulations made under it and the operation in practice of this section and those regulations; and
(b) within one year after beginning that review, make recommendations to the Assembly concerning amendments to this section and the regulations made under it.
Definition
(7) In subsection (6),
"year" means a period of 365 consecutive days or, if the period includes February 29, 366 consecutive days.
Commencement
3. (1) This section and section 4 come into force on the day this Act receives Royal Assent.
Same
(2) Sections 1 and 2 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
4. The short title of this Act is the Highway Traffic Amendment Act (Use of Portable Equipment by Novice Drivers), 2006.
EXPLANATORY NOTE
The Bill amends the Highway Traffic Act to prohibit novice drivers from using a cellular phone, car phone, pager, personal data assistant, portable computer, fax machine or other equipment prescribed by the regulations while driving a motor vehicle. There are exceptions for cases like emergencies and other cases prescribed by the regulations.
The Registrar is required to report cases where the use of a cellular phone, car phone, pager, personal data assistant, portable computer, fax machine or other equipment prescribed by the regulations may have contributed to causing a motor vehicle accident.
Drivers' licence examinations are required to include a portion testing the applicant's knowledge of the amendments made by the Bill and the regulations made under it.