Canadian Legislative Updates

Ontario Announces Changes to Road Safety Act

Effective December 1, 2010, Ontario police will be provided with more tools to remove suspended and impaired drivers from the road.

Implemented will be a new 7-day vehicle impoundment, and this will apply to drivers whose licences are suspended for:

Driving while under certain Highway Traffic Act licence suspensions, including non-payment of family support;
Driving with a blood alcohol concentration over .08 (beyond the legal limit) or for failing/refusing to provide a breath sample; and
Driving without an ignition interlock device when one is required.

Government of New Brunswick Introduces Distracted Driving Legislation

The New Brunswick Legislative Assembly announced on November 24 that using a hand-held cell phone and/or certain devices while driving will no longer be permitted, as a result of amendments to the Motor Vehicle Act.

Public Safety Minister and Solicitor General Robert Trevors highlighted that by introducing this piece of legislation, the government is sending the message that distracted driving is not acceptable. Studies have shown that a significant percentage of collisions are the result of distracted driving.

The legislation bans the handling (or other manipulation) of the following while driving:

Hand-held cellular telephones, except when operated in a hands-free manner;
Texting devices; and
Portable entertainment devices.

Also included in the bill is the prohibition of manual programming or adjusting of any Global Positioning System (GPS) while driving. Additionally, television-style viewing screens, monitors, DVD players, and computer screens will not be permitted within the visual range of the driver.

Exempted drivers include police, fire, and ambulance personnel when performing their duties. Drivers are still permitted to use a device to report an emergency, such as dialing 911.

Violators will be subject to the loss of three demerit points and subject to a fine of $172.50. The legislation will come into effect in early 2011, following a public awareness and education campaign.

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