Does section 78 of the Ontario Highway Traffic act apply to certain PV's?

[fourtytwo]

The fines for distracted driving (texting while driving etc.) is going up to $280 soon.

From reading the way it is written, it might be applicable to the use of some advanced PV's

Countering Distracted Driving and Promoting Green Transportation Act, 2009, S.O. 2009, c. 4 - Bill 118

It reads :

78. (1) No person shall drive a motor vehicle on a highway if the display screen of a television, computer or other device in the motor vehicle is visible to the driver.

As some PV's have a display screens, I read this to mean that looking at the screen of a Provari could net you a $280 fine.

Comments?

 

[TangentOmen]

They can ticket you with distracted driving for drinking a coffee, having a smoke, playing with the radio, or eating. I would imagine if they really wanted to give you a fine for using a PV, they could.

 

[Kagey K]

This is more of a question of could or would.... Even after the distracted driving laws in Alberta I am still seeing people text and use phones and fines aren't equal to the people I see.

It is a subjective law that they can use when they feel like enforcing it.

 

[retired1]

If one really wanted to get nit picky about it, looking at the face of a digital watch would also fall under the definition. But I highly doubt any attempt to make it stick would fly. Same with looking that the screen of your PV, although I don't think I'd make it obvious that's what I was doing.

 

[chinamon]

i guess i cannot change radio stations any more....

 

[TangentOmen]

The cops here have even set up "sting" operations for people using cell phones/distracted driving. Plain clothed officers watching motorists at a busy intersection, and radioing to nearby cruisers the info on the "perps", and then pull them over down the road.

I haven't personally heard of anyone getting pulled over for anything but cell phone use. But, I'll tell ya... tuning an Ego twist driving a standard, there's easier things...

 

[Talyon]

Interpretation would be up to the officer, and the courts.

Vapeing and smoking are both legal in or outside of a car, depending on where u smoke of course.

 

[Harlen]

Yep it can mean anything they wish it to mean .
Even here in the states

 

[retired1]

Interpretation would be up to the officer, and the courts.

Vapeing and smoking are both legal in or outside of a car, depending on where u smoke of course.

Unless you have a minor child in the vehicle with you. Then all bets are off.

 

[A17kawboy]

Never mind the female RCMP officer I followed in St. John, NB. She was driving down one of the busiest main streets...talking on a cellphone...and punching buttons on her onboard computer!

 

[fourtytwo]

Actually, it's written into the act that police, fire and ambulance are exempt.

 

[A17kawboy]

Actually, it's written into the act that police, fire and ambulance are exempt.

Understandable, in an emergency scenario...not when they're setting up their next Timmy's rendezvous.

 

[18Wheels]

If its an electronic device they can do whatever they wish. I have heard drivers getting fined for smoking in a company vehicle in Ontario, even if they are the only one assigned to it. I have 2 screens in my truck, one belongs to the company for communication and e logs. and the other is my laptop. the company one is supposed to be interoperable while the vehicle is in motion, but that proved to be counter productive so the company bypassed that option. I keep a toque on it so the blue light doesn't attract attention. My laptop is set up so the screen turns off after 1 min. of inactivity. I also have a tab open with my gps mapping software because that is still legal and justifies it being visible to the driver. But if you find the right tax collector/cop, the burden of proof is always left to the driver. Imho it is best to be vigilant and stay low key. It would not be a good idea to have a pv visible when you come across a cruiser.

 

[TangentOmen]

It's against the law to smoke a cigarette in a company vehicle- they consider it a work place. (in ontario)

 

[18Wheels]

It's against the law to smoke a cigarette in a company vehicle- they consider it a work place. (in ontario)

Yup. it is, even if said driver owns the truck, If you have a vehicle with commercial plates the law still stands. But I have not seen the highways littered with vehicles on the side of the road with people taking a smoke break.

 

[TangentOmen]

Yup. it is, even if said driver owns the truck, If you have a vehicle with commercial plates the law still stands. But I have not seen the highways littered with vehicles on the side of the road with people taking a smoke break.

Because it's a ridiculous law.