Cellular Telephones and Other Hand-Operated Electronic Devices Regulation

Cellular Telephones and Other Hand-Operated Electronic Devices Regulation, M.R. 83/2010 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 83/2010 Registered June 29, 2010 bilingual version (HTML) Definitions 1 The following definitions apply in this regulation. "Act" means The Highway Traffic Act . («  Code  ») "public switched telephone network" , "radio apparatus" and "radio-based telephone communication" have the same meaning as in the Radiocommunication Act (Canada). (« appareil radio », « communication radiotéléphonique » et « réseau téléphonique public commuté ») "radiocommunication service provider" has the same meaning as in the Radiocommunication Regulations , SOR/96-484, made under the Radiocommunication Act (Canada). (« fournisseur de services radio ») Defining terms for the purposes of the Act 2(1) For the purposes of subsection 215.1(2) of the Act, (a) "configured and equipped to allow hands-free use as a telephone" means that a hand-operated electronic device is, without being held in the user's hand, functionally able to be used as a telephone (i) exclusively by voice commands, or (ii) by touching the device only once to initiate or accept a telephone call and only once to end it, while all other actions in relation to the call are performed exclusively by voice commands; and (b) "used in a hands-free manner" means that a hand-operated electronic device is used only in accordance with the following criteria: (i) it is not held in the user's hand while it is used, (ii) it is securely anchored to an interior surface of a vehicle, or held in a holder that is securely anchored to an interior surface of a vehicle, in a manner that does not interfere with the vehicle's safe operation, (iii) it is within easy reach of the driver's seat, and (iv) it is used and controlled exclusively by voice commands or, if it is touched during use, it is touched not more than once to initiate, accept or end a telephone call or to use or cease using a non-communication function of the device, 2(2) For the purposes of subsection 215.1(5) of the Act, (a) "cellular telephone network provider" means a radiocommunication service provider that provides radio-based telephone communication services to persons to enable them to make telephone calls through a public switched telephone network; and (b) "mobile data terminal" means a computerized device (i) that is securely anchored to an interior surface of a vehicle, or is held in a holder that is securely anchored to an interior surface of a vehicle, in a manner that does not interfere with the vehicle's safe operation, (ii) that is within easy reach of the driver's seat, and (iii) that, if used to communicate with a person or device outside the vehicle while it is in motion, is used exclusively to communicate with a dispatch or control centre. Exempt devices 3 Subsection 215.1(2) of the Act does not apply to (a) the use of a two-way radio or trunked mobile radio system; (b) the use of a hand-operated electronic device by a government employee who works in a government emergency organization while the device is used to carry out his or her government duties; or (c) the use of a hand-operated electronic device by a person who has been assigned emergency-response duties by a government emergency organization while the device is used to carry out the assigned duties. Coming into force 4 This regulation comes into force on the same day that The Highway Traffic Amendment Act (Promoting Safer and Healthier Conditions in Motor Vehicles) , S.M. 2009, c. 6, comes into force.