Ontario ban on using cellphones while driving takes effect Oct. 26

Fines of up to $500 will be issued as of Feb. 1, 2010

As of October 26, it will be illegal for Ontario drivers to use hand-held communication or entertainment devices such as cellphones or MP3 players.

There will be a three-month period of educating drivers about the new rules and then as of Feb. 1, police will issue tickets for drivers who talk, text, type, dial or email using hand-held devices. The use of hands-free devices will still be permitted.

Under the law, fines of up to $500 can be levied against a driver who breaks the law.

Police, paramedics and firefighters will continue to be allowed to use hand-held devices while on the job. All drivers may use hand-held devices to call 911, when they have pulled off the road or are legally parked.

The province is granting a three-year phase-out period for the commercial use of two-way radios, including mobile and CB radios, to allow for hands-free technologies to be developed in transport-related industries and some areas of the public service such as highway maintenance workers.

The new law will not affect mobile data terminals, logistical tracking devices or dispatching devices. They will be exempt for commercial and public service vehicle drivers who are engaged in the performance of their duties.

Hand-mikes (push-to-talk systems) and portable radios (walkie-talkies) may be used in a hands-free mode. The driver can use a lapel button or other hands-free application as long as the hand-mike or walkie-talkie is not held while driving.

Ontario joins more than 50 countries worldwide and a growing number of North American jurisdictions that have similar distracted driving legislation including Quebec, Nova Scotia, Newfoundland and Labrador, California and New York.

Studies show a driver using a cellphone is four times more likely to be in a crash than a driver focused on the road. Other studies show dialing and texting carries the highest degree of risk of all cellphone-related activities.

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