You are on your way to visit a friend at her new home. You think you’re close to her house but are a little confused over the directions she gave you and want to make sure you are headed in the right direction. You grab your cell phone and dial her number— could you get a ticket for doing that?
No if you are in Minnesota and yes if you are in Ontario.
What if you don’t call her but keep driving, although you have told her you would be there by now, and she calls you and you put the cell phone up to your ear to answer? Could you get a ticket for answering?
No if you are in Minnesota and yes if you are in Ontario.
In October 2009, driving while dialing, talking, texting, typing, or emailing using hand-held cell phones or other hand-held communications or entertainment devices became illegal in Ontario. If you don’t have to hold the device to operate it, however, you won’t be breaking the law. Drivers can lawfully use devices such as cell phones that can be activated by the single push of a button.
The new law also prohibits viewing display screens unrelated to driving, such as DVD players, laptop computers, or emails on a cell phone.
A news release from the government of Ontario lists some exceptions: “Police, paramedics and firefighters as well as some commercial drivers and public service workers may continue to use certain hand-held devices when performing their duties. All drivers may use hand-held devices to call 911.”
According to a public notice on the Ontario Ministry of Transportation website, “Using a hands-free device is permitted as long as the device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion. The driver should be able to see it at a quick glance and easily reach it without adjusting his or her driving position. For example, it could be secured in a cell phone holster, placed in the vehicle’s cup holder, or fastened to the dashboard. It should not be sitting unsecured on the passenger seat.
“…To minimize distraction, hands-free use of wireless devices should be kept to a minimum, using only when necessary, while driving.”
Examples of hands-free devices include voice-dialed cell phones with earpieces or headsets, GPS devices secured to the vehicle and activated before the vehicle is in motion, and portable audio players such as MP3 players plugged into the vehicle’s sound system.
Devices that are allowed include collision avoidance systems that warn drivers when other vehicles may be traveling too close; display screens providing information on the immediate environment of the vehicle, such as screens that allow drivers to see behind the vehicle when backing up; display screens that provide information about the status of systems in the vehicle, such as dashboard displays showing fuel mileage or engine temperature; and display screens that show road and weather conditions.
Emergency personnel may use hand-held devices and view display screens while performing their jobs, and amateur radio operators, who provide assistance during things like severe storms and blackouts, may use them until January 1, 2013 while hands-free technology is being developed.
Commercial drivers, such as taxi drivers and couriers, and public service workers, such as highway maintenance workers, also have until 2013 to use handheld two-way radios while performing their duties.
The new Ontario law is in an amendment to the Highway Traffic Act called the Countering Driver Distraction and Promoting Green Transportation Act. Minnesota law
Drivers in Minnesota can make a hand-held cell phone call while driving. They cannot, however, compose, read, or send visual electronic messages when a vehicle is in motion or on the road. This includes cell phone text messages, e-mail, instant messages, or accessing the Internet. The use of communication devices is allowed, however, if they are in voice-activated mode.
Use of hand-held or visual electronic devices is allowed for calling 911 to report a traffic accident or serious traffic hazard, for a medical emergency, to prevent a crime about to be committed, or if the caller has a “reasonable belief ” that someone’s life or safety is in immediate danger. Authorized emergency vehicles may use hand-held devices while performing official duties.
This law pertains to Minnesota Statute 169.475 and can be found at www.revisor.mn.gov/statutes.
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