Distracted Driving in Canada: An Update - HIGHWAY TRAFFIC ACT - O. Reg. 366-09 Extended 2021

Ontario Temporary Exemption has been Extended until January 1, 2021

2020 UPDATE ::  

https://www.ontario.ca/laws/regulation/r20018

2020 UPDATE ::  

Distracted Driving in Canada update: Ontario considering permanent two-way radio exemption for Amateurs

We are pleased to report that the Ministry is currently considering making the two-way radio exemption permanent and it has invited comments on this proposal as well as any additional suggestions or comments on how it could minimize distracted driving while supporting economic growth and prosperity in the province.

A summary of these proposals has been posted to Ontario’s Regulatory Registry Display Screens and Hand-Held Devices – Exemption Review(Posting #2019-MTO028) and can be viewed in English or French.

https://www.rac.ca/distracted-driving-ontario-considering-permanent-exemption/

2020 UPDATE ::  

Display Screens and Hand-Held Devices - Exemption Review
The Ministry of Transportation (MTO) recognizes the importance of creating an effective regulatory environment that accommodates the use of new and innovative vehicle technologies which promote economic growth and prosperity in Ontario. The proposed permanent exemptions for both commercial drivers and CSIS officers would reflect an approach of balancing the safety of road users with the requirements of effective law enforcement and provision of emergency services. Road safety remains a top priority. For the past 17 years, Ontario's roads have been among the safest in North America and MTO continuously strives to maintain and improve on this leading safety record.


In December 2017, the Minister of Transportation extended Ontario Regulation 366/09 (Display Screens and Hand-Held Devices) under the Highway Traffic Act (HTA) for a three-year period until January 1st, 2021. This exemption currently allows the following to hold or use a two-way radio:

https://www.ontariocanada.com/registry/view.do?language=en&postingId=30387


HIGHWAY TRAFFIC ACT - O. Reg. 366-09 - Amateur Radio Ontario Distracted Driving in Canada
For immediate release: December 15, 2017
http://wp.rac.ca/distracted-driving/


Distracted driving regulations continue to be an area of interest for many Canadian Radio Amateurs. These regulations are made and enforced by provincial governments and can vary considerably from province to province and over time. In Ontario, RAC Directors Allan Boyd, VE3AJB (Ontario North/East) and Phil McBride, VA3QR (Ontario South) have been working hard on this issue.

On December 15, 2017, the Ontario Ministry of Transportation (MTO) announced that the current two-way radio exemption for “Amateur Radio operators and specified commercial, public transit, and public function drivers will be extended for a further three-years, effective January 1, 2018 until January 1, 2021.”

The update to the regulation can be found at https://www.ontario.ca/laws/regulation/r17475.

While we were hoping for a permanent exemption, this decision by the MTO ensures our continued ability to operate Amateur Radio apparatus while mobile. RAC will continue to press for a permanent exemption going forward.



For more information visit our Distracted Driving webpage at: http://wp.rac.ca/distracted-driving/ 

O. Reg. 475/17: DISPLAY SCREENS AND HAND-HELD DEVICES

filed December 12, 2017 under Highway Traffic Act, R.S.O. 1990, c. H.8
The update to the regulation can be found at https://www.ontario.ca/laws/regulation/r17475.

2020 UPDATE ::  https://www.ontario.ca/laws/regulation/r20018

https://www.rac.ca/distracted-driving-ontario-considering-permanent-exemption/

RESOURCES ::

Ontario distracted driving legislation and Amateur Radio
 http://hamradiocanada.blogspot.com/2017/10/ontario-distracted-driving-legislation.html

Government of Ontario plans on introducing tougher distracted driving legislation
 http://hamradiocanada.blogspot.com/2017/09/government-of-ontario-plans-on.html

ONTARIO Canada Display Screen and Hand-Held Devices
 http://hamradiocanada.blogspot.com/2017/06/ontario-canada-display-screen-and-hand.html

HIGHWAY TRAFFIC ACT - O. Reg. 366-09 - Amateur Radio Ontario Distracted Driving in Canada
http://hamradiocanada.blogspot.com/2015/12/highway-traffic-act-o-reg-366-09.html


2020 UPDATE ::  https://www.ontario.ca/laws/regulation/r20018

Ontario Highway Traffic Act 2017
We understand it is illegal to use a device while driving, like a cell phone in the province of Ontario.

The below is the province legal document description that proves that Amateur HAM radio operator an exempt with HAM radios. Keep a copy in your car or mobile

For Amateur Radio Operator with a license certificate only Section 13.1 applies to us. We are NOT taxi driver, we are NOT couriers, we are NOT bus drive. Therefore ONLY Section 13.(1) (2) applies to us.

Section #13. is still - January 1, 2018

Consolidation Period: From December 17, 2015

Time-limited exemption for amateur radio operators

13. (1) Drivers who hold a valid radio operator certificate issued under the Radiocommunication Act (Canada) may drive a motor vehicle on a highway while holding or using a two-way radio. O. Reg. 366/09, s. 13 (1), O. Reg. 253/12, s. 3 (1).

(2) This section is revoked on January 1, 2018. O. Reg. 366/09, s. 13 (2), O. Reg. 253/12, s. 3 (2).

2017 June update :: ONTARIO Canada Display Screen and Hand-Held Devices
ONTARIO Canada Display Screen and Hand-Held Devices
ONTARIO REGULATION 366/0
HIGHWAY TRAFFIC ACT

http://www.ontario.ca/laws/regulation/090366

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[DOC]
HIGHWAY TRAFFIC ACT - O. Reg. 366/09
http://du0tsrdospf80.cloudfront.net/docs/elaws_src_regs_r09366_e.doc

“two-way radio” means a wireless communication device, consisting of a main receiver unit ... Persons appointed as police constables under section 44 of the Railway Safety Act (Canada). .... Time-limited exemption for amateur radio operators.

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Highway Traffic Act - handsfree document, see item 13, printout and keep in car

http://www.ve3pmv.com/handsfree.pdf

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Distracted Driving Regulations Update: Revised

http://wp.rac.ca/distracted-driving-regulations-update/
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REDDIT :: Amateur radio operators in Canada will not be allowed to use a radio while driving starting in 2018

That's not "Canada". that's Ontario. I realize it may surprise some people (especially if they are from the "center of the known universe"), but Ontario Provincial law does not cover the entire country Canada.

https://www.reddit.com/r/amateurradio/comments/2wekf3/amateur_radio_operators_in_canada_will_not_be/

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2017 June update :: ONTARIO Canada Display Screen and Hand-Held Devices