Cell Phone Jamming Laws
Drive in Toronto with Cell Phone to Ear, Write a $500 Check to Government
Ontario is about to join Quebec, Nova Scotia, Newfoundland, and hundreds of cities globally in banning cell phone use while driving as part of a proposed “distracted driving” law. Under this new law, using any mobile device while driving would be deemed illegal and subject the driver to a $500 fine.
Ontario Transport Minister Jim Bradley is quoted by TheStar.com as saying, “You’ve had report after report after report over the last five years of the McGuinty government that show people using their cellphones or BlackBerrys while driving are not only a significant risk to themselves but a significant risk to other drivers.” According to the Regional News, York Regional Police Sgt. Brad Bulmer pointed out that holding the phone isn’t the main issue but being distracted while driving is. He also thinks it doesn’t matter if the phone is hand-held or hands-free.
Banning cell phones while driving is getting plenty of press lately as more and more accidents are being credited to the distraction of cell phone use while driving. I think it’s safe to say that we’ve all seen a driver sway and swerve on the road with a cell phone to his ear or while looking down at some mobile device in her hand. But is a law banning the practice justified? The answer would depend on who is being asked.
There are a number of groups on Facebook© that advocate the banning of cell phone use while driving. Some call for the total ban, while others say it’s okay to use hands-free devices. The proposed law for Ontario permits the use of hands-free devices, but any use of cell phones without the hands-free device is only permissible when the car is parked and safely pulled over on the side of the road. Even use while in traffic jams, with traffic stopped, or moving at a slow pace, will be illegal.
A $500 fine isn’t the only possible legal ramification for talking on a cell phone while behind the wheel. With this law in place, a fatal accident could mean a manslaughter charge if the surviving driver is proven to have been talking on a cell phone. This could also mean that even if an accident isn’t your fault, like when someone sideswipes or rear-ends you, if you’re talking on a cell phone the fault may be shared.
This is just another reason to buy a Bluetooth device and to always have your headset available in the car. Besides, Bluetooth and headsets save your brain from being exposed to the radiation waves emitted by the cell phone (but that is another article).
About the Author
And if you liked this article you can find more articles and videos for Bell Mobility users at http://cellarama.com/articles/ – At http://cellarama.com you’ll also find great contract-free cell phones for Bell Mobility. Written by A. Thompson
Which of the following constitutes “driving” for law enforcement purposes?
(i.e. permissibility of cell phone use etc.)
A – stopped at red light, engine running;
B – stopped at red light, engine running;
C – stopped in traffic jam, engine off;
D – stopped at curb, engine running;
E – stopped at curb, engine off, key in ignition.
Thank you!
SORRY! “B” = stopped at red light, engine off.
Without reading the specific language of the law, I would guess A, B, and C for sure. Choices D and E probably would unless the curb is a legal parking space. Choice C might meet the technical definition, but a judge might not view it as enforceable depending on the circumstances.
What constitutes “driving” has made for some interesting court cases, especially when the state wants to prosecute someone for drinking and driving. The definition isn’t as obvious as you might think.
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