Susan Irwin, Lawyer/Executive Director | Nov 12, 2009


By Susan Irwin, Executive Director / Lawyer, Rural Legal Services

Earlier in the week while on route to Kingston I noticed the driver in the adjacent car talking animatedly on his hand-held cell phone. The gentleman was either blissfully unaware of or deliberately ignoring Ontario’s new law banning the use of hand-held devices while driving.

As of October 26, 2009 the “Countering Distracted Driving and Promoting Green Transportation Act, 2009” makes it illegal for drivers on Ontario roads to talk, text, type, dial or email using hand-held cell phones and other hand-held communication and entertainment devices. The only exceptions to this rule are for police, firefighters and paramedics using them in the course of their duties and for individuals calling 911.

Although hands-free devices are still permitted, as are GPS units if mounted on the dash board, proponents of an outright ban on the use of any type of device point out that driver distraction from the use of either hand-held or hands-free devices make it four times more likely that the driver will be involved in a motor vehicle collision. Fortunately for me, the driver I saw happily talking away on his hand-held cell phone remained safely in his own lane; fortunately for him, police are not yet ticketing offenders. For the next three months police will instead be focusing on educating drivers about the new law. Come February 1, 2010 however, drivers caught texting, emailing or talking on a hand-held cell phone while driving will face fines of up to $500.

Ontario drivers should also be aware of recent changes to the Highway Traffic Act that allow police to impose a roadside licence suspension on drivers caught with a blood alcohol concentration (BAC) of 0.5 to 0.8 (known as the “warn range”). While it has long been a crime under the Criminal Code of Canada to drive with a blood alcohol level over .08, the Ontario government in an attempt to tackle the significant and continuing road safety issues posed by drinking and driving, has imposed consequences for Ontario drivers who, although not committing a crime, register a blood alcohol concentration within the “warn range”. For a first BAC occurrence of 0.5 to 0.8 police can immediately suspend a driver’s licence for three days, upon a second incident for seven days, and for a third or subsequent occurrence 30 days.

Such roadside licence suspensions cannot be appealed and take effect immediately. Consequently unless you are travelling with a sober passenger who is licenced and fit to drive, you may find yourself having to abandon your vehicle at the roadside. If the police arrange for it to be towed, it will be at your expense. You will also be required to surrender your driver’s licence to the police who will then forward it to the Ministry of Transportation.

When you receive a reinstatement notice from the Ministry at the end of the suspension period, it should include a temporary driver’s licence (provided you do not have any other disqualifications such as other suspensions, or an expired or cancelled licence). You will then be required to attend at a Driver and Vehicle Licence Issuing Office to pay a prescribed administrative penalty of $150.00 before arrangements will be made for your new plastic driver’s licence card to be mailed to you.

For drivers who did not learn the error of their ways from their first roadside suspension for driving with a warn range BAC, there are additional consequences. Upon a second occurrence, drivers must attend an alcohol education program. For third and subsequent occurrences an alcohol treatment program is mandatory together with the use of an ignition interlock device for six months at the end of the suspension period.

Novice drivers (i.e. those holding a G1, G2, M1, or M2) are not permitted to have any alcohol in their blood. Although the immediate roadside suspension period is less, only 12 hours, they will also be charged with an offence under the Highway Traffic Act and upon conviction will be subject to a fine, as well as a 30 day driver’s licence suspension.

Driving is a privilege. In a rural community without a public transportation system it is a necessity. Before you turn the key and drive down the road make sure you know and obey the laws governing Ontario drivers.

 

Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.

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