C-24.2, r. 9.3 - Regulation respecting distractions while driving

Updated to 1 January 2024

This document has official status.

chapter C-24.2, r. 9.3

Regulation respecting distractions while driving

Highway Safety Code

(chapter C-24.2, s. 443.1, 3rd par., s. 443.2, 3rd par., and s. 621, 1st par., subpar. 51).

DIVISION I APPLICATION OF SECTION 443.1 OF THE HIGHWAY SAFETY CODE

O.C. 781-2023, Div. I.

1. For the purposes of the first paragraph of section 443.1 of the Highway Safety Code (chapter C-24.2), “hands-free device” means

(1)  a device that can be used to operate a cellular telephone or any other portable device, through a vocal command or a simple manual command that the driver can activate without being distracted from driving the road vehicle; or

(2)  the speaker function of a cellular telephone, where that function does not require the driver of the road vehicle to handle the telephone or use a display screen.

A part of a road vehicle on which information is projected using a technology to that effect is considered to be a display screen.

O.C. 781-2023, s. 1.

2. For the purposes of subparagraph a of subparagraph 2 of the first paragraph of section 443.1 of the Highway Safety Code (chapter C-24.2),

(1)  information on the vehicle’s conditions, use and immediate environment, real-time information on road or weather conditions, and routing and guidance information is considered to be information as is relevant to driving a road vehicle;

(2)  heating and air-conditioning systems and audio systems are considered to be usual equipment of a road vehicle.

O.C. 781-2023, s. 2.

3. For the purposes of subparagraph d of subparagraph 2 of the first paragraph of section 443.1 of the Highway Safety Code (chapter C-24.2), a display screen is considered to be positioned and designed in such a way that the driver of a road vehicle can operate and consult it easily if it is positioned so as to display information in the driver’s line of sight in the normal driving position and displays short, simple messages.

O.C. 781-2023, s. 3.

DIVISION II OTHER EXCEPTIONS TO THE PROHIBITIONS UNDER SECTIONS 443.1 AND 443.2 OF THE HIGHWAY SAFETY CODE

O.C. 781-2023, Div. II.

4. The driver of a road vehicle may use a cellular telephone or any other portable device if

(1)  the device is used by a peace officer or the driver of an emergency vehicle in the performance of their duties;

(2)  the device is used to make a call to 911 emergency services;

(3)  the device is a cordless voice communication device, also known as a two-way radio, which does not allow the callers to speak simultaneously; or

(4)  the device is used for contactless payment or to show proof of payment, proof relating to in-vehicle pickup, proof confirming a right of access, or any other proof of the same nature, when the vehicle is stationary without being parked.

O.C. 781-2023, s. 4.

5. The driver of a road vehicle may consult the following information displayed on a display screen, including that of a portable device, or use a screen command, provided the screen meets the conditions set out in subparagraphs b to d of subparagraph 2 of the first paragraph of section 443.1 of the Highway Safety Code (chapter C-24.2):

(1)  information that is used by a peace officer or the driver of an emergency vehicle in the performance of their duties;

(2)  information that is used to manage messages as part of an enterprise’s activities, to collect fees payable by a passenger, to control a passenger’s access to the vehicle, or to ensure a passenger’s safety;

(3)  information that, in a public utility or telecommunications enterprise vehicle, is useful to their business.

O.C. 781-2023, s. 5.

6. A peace officer who is riding a bicycle in the performance of their duties may wear only one earphone.

O.C. 781-2023, s. 6.

7. (Omitted).

O.C. 781-2023, s. 7.

REFERENCES

O.C. 781-2023, 2023 G.O. 2, 815