In Ontario.............good

[Kip Powick]

Court rulings released Friday have affirmed that holding a cellphone or any other wireless communication device — even briefly — while driving is illegal under the Highway Traffic Act.

The two rulings released Friday by the Court of Appeal for Ontario on separate, unrelated cases, make it plain that there are no exceptions to the law.

The Highway Traffic Act 78.1 (1) prohibits anyone from driving a motor vehicle while holding or using a hand-held wireless communication device, such as a cellphone.

Two Ontario cases had recently brought the law into focus.

Khojasteh Kazemi, of Oshawa, was charged and convicted in 2010 of holding her cellphone after she’d picked it up while stopped at a red light. A provincial court judge later overturned that conviction, but the Crown appealed.

In its judgment ruling, the Court of Appeal for Ontario stated that “road safety is best ensured by a complete prohibition on having a cellphone in one’s hand at all while driving. A complete prohibition also best focuses a driver’s undivided attention on driving.”

The court disagreed with the provincial court judge’s ruling that to be charged for holding the phone required “sustained physical holding.”

In the other case, the court restored the conviction of Hugo Pizzurro, who had been charged under the Highway Traffic Act with driving on Highway 11 with a cellphone in his hand. He was originally convicted in 2011 but appealed in 2012 and won.

The appeal judge had said that the prosecutor had failed to show that the cellphone was capable of receiving or transmitting communications.

But the Court of Appeal for Ontario stated in its judgment that the Crown does not have to prove whether a hand-held wireless communication device is working or not to get a conviction under the HTA.

That would be “unreasonable both for enforcement and for prosecution. The legislature could not have intended that result,’’ the decision stated.

Both of Friday’s decisions by the Court of Appeal for Ontario were unanimous rulings by Justices John Laskin, David Watt and S.T. Goudge.

[DEFCON]

While I can easily agree with restricting ones use of a cell phone use while driving, in the present case, I think the Court's ruling is way too invasive and draconian in it's scope. Why don't we (society) have any apparent concern for things like the 'drive-thru' distraction? Have you ever watched the horror show put on by someone that's trying to drive while they attempt to manage a burger, fries & drink?

[Fido]

One can tell if the driver ahead of you is using their cellphone:

1. Their speed varies

2. They leave extra room between themselves and the car in front

3 They tend to weave back and forth like a drunk driver

When crossing the street at a traffic light in a marked crosswalk be aware of the closer cars. I had one young lady take her foot off the brake and roll into the crosswalk. She did not hit me because I jumped out of the way and she applied the brakes again before she went any farther. The whole time, she did not take her eyes from the cellphone in her lap and never knew what had happened.

[inchman]

When crossing the street at a traffic light in a marked crosswalk be aware of the closer cars. I had one young lady take her foot off the brake and roll into the crosswalk. She did not hit me because I jumped out of the way and she applied the brakes again before she went any farther. The whole time, she did not take her eyes from the cellphone in her lap and never knew what had happened.

You shoulda jumped on her hood and acted like she hit you.

[J.O.]

I know someone who did that one better in the same scenario. He jumped on it hard enough to put a significant dent in it.

[Kip Powick]

While I can easily agree with restricting ones use of a cell phone use while driving, in the present case, I think the Court's ruling is way too invasive and draconian in it's scope. Why don't we (society) have any apparent concern for things like the 'drive-thru' distraction? Have you ever watched the horror show put on by someone that's trying to drive while they attempt to manage a burger, fries & drink?

Disagree...far more idiots attempt use a Cellphone/iPad/Tablet while driving now days than try to eat a Big Mac/Fries and a drink. Lot different, and difficult, texting, dialing, and talking on a phone than just trying to get the gobs of grease in ones mouth.

Not draconian at all...sounds like a real good plan to me

(((now if they would only put DWI drivers, causeing a death....................... in jail for 25+ years with no parole.................. there would probably be a lot less DUI cases as well)))

[Timothy]

The exemption still exists for the use of amateur radio transmitters while driving. We use preset frequencies and all we need is a microphone with a push to talk button in one hand. It's very easy to keep our eyes on the road and I am not aware that there have been any problems with this type of operation.

[Specs]

I use cabs a lot. Between their GPS, the Dispatcher on the radio and the cell phone and then trying to look up my zonal fare in their book (outside of meter range) I've said more than once that's that's enough.

[CanadaEH]

Well, there is always the question of the menace who cruises along in the centre lane while he is being passed on both sides.

Hint: If some idiot is 10' off your bumper while you are doing the speed limit in the centre lane, he wants you to MOVE into the RIGHT lane. The right lane is the right lane unless you are passing or giving way to vehicles stopped on the shoulder.

Hey! I resent being called an idiot!

[IFG]

Hi, Rich - It seems to me that some folks here actually believe the HTA favors speeders in the passing lane. I think Malcolm is correct, and I think your extraction from the HTA shows that, i.e. 154 (1)(a) must be observed in any lane, divided highway or not. Para ('b') pretty clearly refers to those un-divided highways with a third passing lane in the middle IMHO.

I spend a lot of time on divided highways (401 400 403 QEW etc), & I really don't run into these (mostly apocryphal?) slow-movers in the passing lane (unless I'm doing a pretty good clip, & everybody is over the limit then). Generally, all the lanes are at or close to capacity, and trying to force non-speeders into the right lane, in order to facilitate faster drivers, will be seriously congesting. Unfortunately, that would also occur if everybody decided to leave the recommended distance between vehicles - throughput capacity would be significantly reduced.

No easy answers for the impatient among us, except the solace in knowing like Carlin that we're the only really sensible drivers on the road

Cheers, IFG

[J.O.]

It is not our job as individual drivers to enforce the traffic laws, only to obey them. Enforcement is he responsibility of the police. Yes, the speed limit must be obeyed but so must the requirement to keep to the right except when passing. You can't cherry pick which rules you're going to obey and then criticize others who (in your opinion) are disobeying. As a frequent user of that lovely stretch known as the 401, I'm proud to be a right lane denizen. If more drivers behaved the same way, traffic flow would be much smoother. If you're in the centre (or the left) lane because you're genuinely passing another vehicle, then fill your boots. But if you're just cruising along with an open lane to your right, then according to the law, you are no better than the people who are driving faster than you.

[IFG]

Hi, J.O.- Agreed about following the law, and I've found it incongruous that some here seem to think that over-limit drivers have a right under HTA to pass somebody in the inside lane who himself is going the speed limit or better. IAC, can you support your assertion from the Act? As I said, I believe Rich's extract refers to 3-lane undivided highways (and I spend a fair bit on those too).

I still think it's academic except maybe at 3am. The highways around TO are operating at or above capacity, and I just don't see these slow-pokes in an open inside lane. What's the big deal, anyway? If the highway is so open, why isn't the faster car on the outside anyway, if that's where he belongs?

Cheers, IFG

[Kip Powick]

I think it boills down to where these "Three" lanes are and what the traffic flow is, Across the top of Toronto I will take the center lane, unless passing, because of the merging traffic and 18,24,30 wheelers in the right lane.

If I am in the center lane and am being tailgated, I will move to the right lane, traffic permitting, to let the idiot go by and then back in the center

If I am on 3 lanes, say Cobourg to Oshawa, and the traffic is light I go for the right lane.

Not going solo to work anymore, (heading into Niagara region for a family visit with SWMBO) so I take the routes that offer the "diamond" lane...love the diamond lane

[J.O.]

Don't get me started on those diamond lanes. Except at the peak of rush hour, they are a colossal waste of asphalt.

I've seen demonstrations that prove that staying to the right in moderate traffic improves the overall flow and decreases the risk of accidents. At the hours I'm typically on the 401, traffic flow is just that (moderate) and rarely "bumper to bumper". It's at those times that I see more drivers passing on the right or tailgating in the middle lane. Those folks in the middle lane (the trucks included) are rarely engaged in the act of passing while that's going on. They're just coasting - waiting for merging traffic that never comes.

For me, it all boils down to the fact that I cannot control the driving behaviour of others - I can only control my own, and react to theirs. I pay attention to what's going on around me. I keep an opening beside me as much as possible. I look ahead for vehicles about to merge and either move over or leave an opening for them to join in. My stress level is nice and low and no one tailgates me to encourage me to move over. When I pass, I do so expeditiously. It doesn't take me 3 minutes to pass a truck doing 1 kph faster than he is.

[boestar]

My latest pet peeve in Traffic now is the need for those entitled individuals to move right into the MERGE lane for an on ramp in order to pass slow moving traffic. This does nothing but tie up traffic even worse than it already is.

When I commute to work I have set points where I change lanes because the traffic pattern has remained constant for some time. It involves driving in all 3 lanes and provides the smoothest possible commute. Sometimes however there are drivers that just try to break the rules.

As for the original topic. PTDDDAD (Put The Damned Device Down And Drive) I have this patch on my vest along with other anti cell phone and driving patches. We lost a friend in 2010 to a texting driver and more were severely injured. there is no place for texting in the drivers seat of a car.

I stared down an idiot on the highway the other day in an Audi A8 testing, talking and conducting business in heavy traffic. I think he got the point..

[deicer]

Louis C.K. explains why cellphones are bad.....

http://www.youtube.com/watch?v=5HbYScltf1c#t=34

[Specs]

From the Ontario Highway Traffic Act. Note section ( b ).

I think this section applies to a 2 lane roadway as it approaches a uphill long slope where they add a third lane down the middle with a sign that says slower traffic keep right or keep right to pass.

[J.O.]

It applies to all highways as described in the main body of that clause:

154. (1) Where a highway has been divided into clearly marked lanes for traffic ...

In the act, it gives the following definition for a highway:

highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

Which means it applies to virtually every type of public road.

[J.O.]

Additionally, passing on the right is not strictly prohibited on a multi-lane highway (under certain conditions):

Passing to right of vehicle

150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety and,

( a ) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;

( b ) is made on a highway with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction; or

( c ) is made on a highway designated for the use of one-way traffic only. R.S.O. 1990, c. H.8, s. 150 (1).

[boestar]

JO. all well and good but if everyone were to follow the "Rules" then passing on the right would never be required. (On a multi lane highway designed for one way travel) All slower traffic would be on the right and faster traffic would overtake on the left and even faster traffic would overtake on the left again. and when that overtake is complete everyone would move right again.

That being said travelling at varying speeds from 0 to 120 on the 401 in ANY lane is the norm but usually under 60 (WAY UNDER)

[deicer]

What hasn't been taken into account is that when one travels across the GTA on the 401, the right lane keeps appearing and disappearing. You cannot drive across the city in one lane, unless you are in the middle lane.

Everywhere else in North America I have driven, you can drive for days in the right lane without having to change if you don't want to.

Not in YYZ.....

[J.O.]

JO. all well and good but if everyone were to follow the "Rules" then passing on the right would never be required. (On a multi lane highway designed for one way travel) All slower traffic would be on the right and faster traffic would overtake on the left and even faster traffic would overtake on the left again. and when that overtake is complete everyone would move right again

I agree, but someone above was lamenting that drivers were passing on the right. I was just pointing out that - unlike driving in the centre lane when not passing - it is not a strict contravention of the HTA.

[boestar]

Agreed I pass on the right all the time when the person in the left lane is going slower then the flow of traffic and wont move right. Impeding the flow of traffic is also in contravention of the HTA Oddly even if the flow is exceeding the speed limit.

Deicer: At one time I could make one lane change from the on ramp at the airport and not change lanes again until my exit. With the addition of the new and improved bottlenecks on the 401 that is no longer possible.

[boestar]

This is my biggest peeve. Large Trucks in the Left lane. it is becoming far more common on the 401.

1. (1) Subject to subsection (2), no person shall operate a commercial motor vehicle or any combination of a commercial motor vehicle and a towed vehicle that exceeds 6.5 metres in length, except a bus, an ambulance or a fire apparatus, in the left lane or, where the left lane has been designated as a high occupancy vehicle lane, in the lane adjacent to the high occupancy vehicle lane of those portions of the King’s Highway described in the Schedules. R.R.O. 1990, Reg. 608, s. 1 (1); O. Reg. 619/05, s. 1 (1).

(2) Subsection (1) does not apply to a commercial motor vehicle engaged in maintenance or construction or where an emergency requires the use of the lane by a commercial motor vehicle. R.R.O. 1990, Reg. 608, s. 1 (2); O. Reg. 619/05, s. 1 (2).

[boestar]

Actually on my daily commute I see it all the time and there is no need for it since EVERYONE is going 40 or less for the most part