[PARC] Hand-Held Devices - Exemption Review

[Rick]

https://www.ontariocanada.com/registry/view.do?language=en&postingId=30387
for those without 'data' on the phone:


    Display Screens and Hand-Held Devices - Exemption Review

Regulation Number(s):
366/09
Bill or Act:
Highway Traffic Act
Summary of Proposal:
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:

o Certain public function employees (eg., bus drivers);
o Commercial drivers;
o Amateur radio operators (eg., an Industry Canada-licensed operator 
which could include a commercial driver).

For two-way radios, the exemption allows a driver to push and hold the 
button on a hand-held two-way radio device when driving. The driver may 
push a button to talk and release it to listen, repeating as often as 
necessary to conduct a conversation. If the hand-held device is a 
microphone, it must be secured in, or mounted to the vehicle and within 
easy reach of the driver. Two-way radio hand-held devices that are 
clipped to the driver's belt or attached to his/her clothing are also 
exempt.

The Ministry is currently considering making the hand-held two-way radio 
exemption permanent as:

• it is not aware of any collisions attributable to the use of these 
devices currently exempt under the regulation,

• Ontario would align with all other Canadian jurisdictions in allowing 
them to be permanent and,

• a confirmed commercially viable market for hands-free alternatives to 
two-way radio technology has failed to develop.

The Ministry is currently proposing to grant CSIS officers a permanent 
hand-held communications device and display screen exemption:

• CSIS officers are akin to peace officers under the Criminal Code, and 
should be granted the broader exemption afforded to current law 
enforcement officers (eg., fire, police, ambulance).

• Allows CSIS officers, like law enforcement officers these special 
privileges so that they may do what is necessary to protect public safety.

For more detailed information, please see the attached backgrounder.

The Ministry invites any comments on making the expiry of the exemption 
permanent, as well as any additional suggestions or comments on how the 
Ministry could minimize distracted driving while supporting economic 
growth and prosperity in the province.
Analysis of Regulatory Impact:
Not Applicable
Further Information:
Click to open  CB Radio Exemption Backgrounder 
<https://www.ontariocanada.com/registry/showAttachment.do?postingId=30387&attachmentId=41516> 

Proposal Number:
19-MTO028
Posting Date:
September 18, 2019
Comments Due Date:
November 4, 2019
Contact Address:
Road Safety Policy Office
87 Sir William Hearst Avenue; Room 212,
Toronto, ON M3M 0B4