Drive - hand-held communication device

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Set fine: $500.00 Total payable $615.00

No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronics data, mail or text messages.

Demerit Points

3 or 6

Hands-free mode allowed

(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode.

Exceptions

(4) Subsection (1) does not apply to,


(a) the driver of an ambulance, fire department vehicle or police department vehicle;


(b) any other prescribed person or class of persons;


(c) a person holding or using a device prescribed for the purpose of this subsections; or 


(d) a person engaged in a prescribed activity or in prescribed conditions or circumstances.


Same


(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services.


Same


(6) Subsections (1) and (2) do not apply if all of the following conditions are met:


1. The motor vehicle is off the roadway or is lawfully parked on the roadway.


2. The motor vehicle is not in motion.


3. The motor vehicle is not impeding traffic.

Penalty

(6.1) Every person who contravenes this section is guilty of an offence and on conviction is liable,


(a) for a first offence, to a fine of not less than $500 and not more than $1,000;


(b) for a first subsequent offence, to a fine of not less than $500 and not more than $2,000; and


(c) for a second subsequent offence or an additional subsequent offence, to a fine of not less than $500 and not more than $3,000.


Same


(6.2) If a person is convicted of an offence under this section, the Registrar shall suspend his or her driver's licence,


(a) for a first offence, for three days;


(b) for a first subsequent offence, for seven days; and


(c) for a second subsequent offence or an additional subsequent offence, for 30 days.


Same


(6.3) An offence under this section committed more than five years after a previous conviction Foran offence under this section is not a subsequent offence for the purposes of subsection (6.1) or (6.2).

Regulations

(7) The Minister may make regulations,


(a) prescribing devices for the purpose of subsections (1) and (2);


(b) prescribing persons, classes of persons, devices, activities (4);


Definition


(8) In this section,


"motor vehicle" includes a street-car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine.