Road Safety

Hand-Held Cell Phone

Since April 1, 2008, use of any type of hand-held device with a telephone function has been prohibited while driving.

The law bans use of any type of device with a telephone function that can connect to a telephone network, whether or not it has been activated. These include:

• conventional cell phones;
• wireless information devices (BlackBerry);
• cell phones with a transmitter-receiver function (walkie-talkie), such as the TELUS Mike or cell phones that are linked to the 10-4 service provided by Bell. This type of device is prohibited, even if the cell phone function has been deactivated;
• devices that display emails or that enable a user to browse the Internet.

This ban does not apply to drivers of emergency vehicles in the performance of their duties. (For example: police, firefighter, ambulance vehicles or any vehicle identified by the SAAQ as an emergency vehicle.)

Simply holding this type of device in your hand while driving, regardless of use, is an offence.

A “hand-held device” means one where the entire device is held in the hand to make a call.

The Meaning of the Expression “While Driving”
A driver who brings his or her vehicle to a stop in compliance with road signs and traffic signals or due to an obstruction of traffic continues to drive the vehicle.

The individual is considered to be controlling a vehicle so as to comply with road signs and traffic signals or to avoid traffic obstructions. A driver who is waiting at a red light or in a traffic jam is considered to be driving a vehicle and therefore cannot use a hand-held cell phone.

A driver who brings a vehicle to a safe and legal stop to the side of a road to use a cell phone is no longer considered to be driving, even if the vehicle's engine is still running.

.

BackTop of Page