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ALERT - 5 Year Extension Granted on the Use of Handheld Devices for Municipal Employees
To allow for hands-free technologies to be developed, the use of hand-held two-way radios in commercial vehicles was to be permitted until January 1, 2013. At that time, those engaged in public works activities were provided a blanket exemption. During the consultation period to develop the new regulation, the Minister of Transportation was requested to consider granting a permanent exemption for public works employees that use such devices during the course of their job duties. In the amendments that were released on September 6, the sunset clause of “January 1, 2013” was repealed from Sections 11(1) and 11(2). The amendment goes further and revokes the entire clause and the exemption on January 1, 2018. This in effect provides municipal public works officials with a further five years exemption to the ban on the use of handheld devices while driving.
The ORFA wishes to remind members that the Highway Traffic Act (HTA) bans the use of hand-held cell phones and other devices while driving. The ban also applies to texting and checking, sending or replying to email.
Prohibited devices include, but are not limited to:
- iPods
- Blackberrys,
- portable DVDs,
- mp3 players,
- laptops,
- handheld games,
- devices for emailing and texting
Exempt are hands-free devices and dash-mounted global positioning systems (GPS). Although most of the equipment that ORFA members typically operate may not be governed by the HTA, it should be considered an “industry best practice” to not use any type of electronic communication device when operating any motorized equipment.
Under Bill 118 fines for using hand held devices start at a $155 and go up to $500. However, if a driver is using a hands free device 'while putting others at risk' it can cost up to a $1000, 6 demerit points, license suspension and possible jail. Members are cautioned that Police control methods may include officers standing at intersections and walking up to stopped cars waiting for light changes to catch drivers checking their devices while stopped. Using these devices while stopped is also considered a breach under the HTA.
> Read more about Bill 118
The ORFA further recognizes that members may be cross trained to perform a variety of duties, or that they may be controlled directly under a Public Works department. As such, it is strongly recommended that no ORFA member immediately assume that they may be exempt from holding a hand held device. You are encouraged to seek internal guidance with supervisory staff, JHSC or legal counsel regarding who or what is specifically considered exempt.
> Read more - full Regulation
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