Hands-Free Legislation in Alberta and BC
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British Columbia Latest to Introduce Hands Free Driving Legislation
British Columbia has joined the lengthening caravan of jurisdictions that are cracking down on distracted driving via the (mis) use of electronic devices while in vehicles. The provincial government has introduced changes to its motor vehicle law that if passed by the legislature, which is certain, will ban operating or holding hand-held cell phones or other electronic devices and sending or reading e-mails and/or texting.
Here is some pertinent info:
- Effective date - Expected to come into effect Jan. 2010
- Devices affected - Drivers are prohibited from operating or holding hand-held music or portable gaming devices. It will not allow manual programming or adjusting GPS systems, whether built into vehicles or not, while driving; settings must be programmed before driving.
- Text messaging - Text messaging and emailing are not permitted while driving.
- What is allowed - British Columbia will permit hands-free cell phones that are built in or securely fixed to vehicles, and used by pressing a single button -- once only -- to activate a hands-free device for incoming or outgoing calls.
- GPS devices - The legislation will permit pre-programmed and voice-activated GPS devices, and two-way radios for industry, and the use any device if the vehicles are legally parked and not impeding traffic.
- 911 Calls - Callers may dial 9-1-1 to report emergencies.
- Bluetooth devices - Using a hands-free wireless communications device, for example a Bluetooth headset, will be permitted.
- Answering calls - Pressing a button of a hand-held device that is secured in an accessible place to activate the hands-free mode for an incoming or outbound call is permitted under the legislation.
- Dialing - You may not use the key pad on your phone to dial a phone number. You can only press a button to accept (or end) a call, or to initiate a voice activated dialling feature.
- Emergency service personnel - Emergency service personnel that need to make calls in the performance of their duties are exempt from the regulations.
- New drivers - new drivers under the province’s graduated licensing program (GLP) are prohibited from using hands-free communications devices while driving.
- Fines and Demerit Points- A new fine in the amount of $167 will begin to be levied on Feb. 1, 2010. If drivers are caught texting or e-mailing they will receive an additional three penalty points. Further, drivers in the GLP will receive the $167 fine and three penalty points for any violation of this legislation.
- Demerit Points - There are no demerit points for a violation, however, if the driver causes an accident or injury while driving while using an electronic device they could be charged with careless driving or dangerous driving. Both of these offences have associated demerit points.
- Other jurisdictions - These changes bring British Columbia in line with the provinces of Manitoba, Ontario, Quebec, Nova Scotia, Prince Edward Island and Newfoundland. Neighboring Alberta is considering similar distracted driving legislation. Next door Washington State, which shares the same environment -- and there is an enormous amount of travel between the province and the state--has a similar set of laws on its books.
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