Wireless Communication Becomes Completely Hands-Free

Originally posted February 4, 2010

As of October 1, 2009 and January 1, 2010, Ontario and British Columbia, respectively, introduced new laws preventing the use of hand held cell phones, portable electronic devices and text messaging while driving. Moving forwards, only hands-free cell phones and devices that require one touch to activate are permitted for drivers to operate.

In BC, there has been a 30 day "grace" period allowing drivers to obtain hands-free kits for their vehicles, with the new $167 fines going into full effect February 1, 2010. In addition to this fine, BC drivers are subject to three points on their license if caught text messaging while driving.

As a result, the wireless communications industry has seen a rise in sales of Bluetooth accessories, which includes headsets and visor kits. Ontario locations have had a hard time keeping these accessories in stock since the introduction of the law, and accessory vendors suffer from back orders on a regular basis. And it looks like the same is happening here in BC, mainly because most manufacturers and vendors are located in the already out-of-stock Ontario region.

Bluetooth accessory providers have two popular options for hands-free cell phone use while driving: a head-set that fits snugly in the user's ear, or a visor mount that clips right to a sun visor within the vehicle itself. Many of these headsets are voice activated, and the visor mounts connect right to a device's address book, further eliminating the need for even one-touch dialing. With recognized names such as BlackBerry, BlueAnt, Motorola and Nokia all providing Bluetooth products, users are able to rely on their favourite manufacturers to provide them with all of their Bluetooth needs, to ensure all drivers are law-abiding and ready for the new law.

Regulation Rules:
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

Permitted Uses:
While driving, a person may use an electronic device in a hands-free telephone function; may listen to sound from a hand-held audio player; may use a GPS for navigation purposes; and may use a walkie-talkie if:

• The motor vehicle is off the roadway or is lawfully parked on the roadway
• The motor vehicle is not in motion
• The motor vehicle is not impeding traffic The device is not held or operated by the hand
• It is voice-activated or requires only one touch to initiate, accept or end a call; or activate directions (in the case of GPS)
• If the device includes an earpiece, that earpiece can be worn in one ear only, and must be placed in the ear prior to driving
• The sound is emitted through the speakers of the sound system of the vehicle (for hand-held audio players)
• The device is programmed prior to driving (for GPS)
• The device is securely fixed to the vehicle or worn securely on the person's body
• The device must be installed in a manner that doesn't affect the driver's view of the front or sides of the vehicle or interfere with the safety or operating equipment of the vehicle

Fines and Penalties:

Offence - the use of an electronic device that is not allowed for in the legislation but that does not involve texting, emailing or dialing, e.g. talking on a hand held cell phone
Penalty - $167 fine and no penalty points
Offence - the use of an electronic device for communicating with another person or another device by email or other text based message, e.g. texting, emailing or dialing
Penalty - $167 and 3 penalty points