Staff
The Ontario Court of Appeal released two rulings late last month affirming that holding a cellphone—even briefly—while driving is illegal under the Highway Traffic Act.
And local OPP Cst. Anne McCoy is pleased with the decision.
“Distracted driving refers to all forms of distracted or inattentive driving, such as adjusting a vehicle’s entertainment or GPS unit or stereo, eating and drinking, using a hand-held device, self-grooming, or tending to children in the back seat, etc.,” she noted.
“Drivers need to remember that the true danger to public safety lies in the distraction, not the device,” she stressed.
Cst. McCoy said within Rainy River District, officers are noticing a steady increase in the number of drivers who are observed using their cellular phones while operating their vehicles.
“These drivers are being stopped and issued offences’ notices for distracted driving—a $155 fine,” Cst. McCoy noted.
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.
In the two recent Ontario cases, both people convicted claimed they were not using their devices but simply holding them.
But the Ontario legislature indicated the purpose of enacting the law was to ensure drivers focus all their attention on driving.
“Road safety is best ensured by a complete prohibition on having a cellphone in one’s hand at all while driving,” the Appeal Court wrote in one of the rulings.
“A complete prohibition also best focuses a driver’s undivided attention on driving. . . .
“In short, it removes the various ways that road safety and driver attention can be harmed if a driver has a cellphone in his or her hand while driving,” it added.
Cst. McCoy noted cellphone use by drivers is continuing locally and resulting in dangerous situations—and she has seen this first-hand.
“Two weeks ago, I was on my way to work with my children when an eastbound
pickup truck crossed the centre line and continued into my lane until it was all the way onto the white fog line,” she recounted.
“It was at that time the driver looked up and realized he was in the wrong lane and quickly steered his vehicle back into the eastbound lane.
“It can happen that quickly,” Cst. McCoy stressed.
“Fortunately, this time, I had time to react defensively and avoid a collision.
“Needless to say, I have not forgotten the incident nor a similar incident that occurred near Shabaqua a few months ago, again with my children onboard,” she added.
“These events have particular concern for me because my family’s safety was unnecessarily put in jeopardy.
“I share this story because if it’s happening to me, then its happening to others,” Cst. McCoy reasoned, noting drivers need to make a conscious effort to put down their phones and just drive.
Cst. McCoy said local officers will be continuing to focus their efforts on the “big four” factors contributing to crashes, including speed, impaired driving, and seatbelt use.
During the “Operation Impact” campaign Oct. 11-14, officers will be paying close attention to drivers.
“[They will] have zero tolerance for those who are choosing to drive while distracted and continue to have complete disregard for the safety of others who are using the highway,” she warned.
