The law in the Highway Traffic Act states:
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages.
By now we’re all aware that the use of a cell phone while driving can result in a hefty fine while driving on Ontario roads. However, most drivers are completely unaware of the parameters of what constitutes cell phone use behind the wheel, until last week that is.
A recent Court of Appeal ruling now affirms that the simple act of holding a cellphone, even briefly, while driving is illegal under the Highway Traffic Act. This decision came through an appeal by the Crown in R. v. Kazemi, from a lower court ruling where Kazemi had successfully argued that she could not be blamed when she simply picked up the cell phone from the floor when it fell during braking. The ruling of the Court of Appeal reversed the decision of the trial judge and concluded that this simple act of “holding” was in violation of the law – that the split second handling was enough criteria to solidify a conviction for the prosecution.
In the ruling by the Court of Appeal for Ontario, the Honourable Stephen T. Gouge commented:
“Road safety is best ensured by a complete prohibition on having a cell phone in one’s hand at all while driving. A complete prohibition also best focuses a driver’s undivided attention on driving. It eliminates any risk of the driver being distracted by the information on the cell phone. It removes any temptation to use the cell phone while driving. And it prevents any possibility of the cell phone physically interfering with the driver’s ability to drive. In short, it removes the various ways that road safety and driver attention can be harmed if a driver has a cell phone in his or her hand while driving.”
This new case law will without question change the way the law is applied by officers, but more worrisome is the concern its causing as the government appears to be cracking down on what is blamed for now causing, what some studies suggest, up to 28% of all accidents on today’s roads: distracted driving involving cell phones.
