Ontario Bill 118

[VE3OIJ]

FYI:

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Wednesday, May 27, 2009 4:59 PM
Subject: Ontario Bill 118

To All Ontario Amateur Radio Club Contacts:

I am emailing you directly to update you on an important meeting that took place this morning (May 27) with staff from the Ontario Ministry of Transportation in regards to Bill 118. This is the Bill that will make casual cell phone operation in moving vehicles illegal this fall. It could have a serious negative impact on amateur radio use of our mobile radios. Along with representatives from The Toronto FM Society and the Canadian Association of Rally Sport (which uses ham radio extensively) I presented our concerns to a large stakeholders meeting at the Ministry of Transportation in Toronto.

Details are available (and will be updated on a regular basis) on the RAC blog < http://www.racblog.wordpress.com/> .

We should know within 60 days whether or not amateur radio (best scenario) or the use of two-way mobile radios (second best scenario) will be exempted from Bill 118.

If no exemption is granted, I will be advocating further action. Until then, I'm counseling restraint.

Please pass this information along to your clubs, your other amateur radio associations, and interested individuals. And, please refer to the RAC Blog for the latest information.

73

Peter West - VE3HG

905-616-5639

ve3hg@rac.ca

Vice-President, Public Relations
Radio Amateurs of Canada
RAC Blog

[VA3JME]

I am worried they're going to exempt mobiles, but not HTs. I hope if they exempt mobiles, then they at least allow HTs with external microphones!

[VA3JME]

From the RAC blog at http://racblog.wordpress.com/

RAC recommends action on Bill 118
June 5, 2009 by Peter West

After consultation with other affected groups and following discussions with Ontario Ministry of Transportation staff Radio Amateurs of Canada is recommending that all interested amateur radio operators offer their comments to the possible impact that Bill 118 (the anti-cell-phone-while-driving Bill) could have on amateur radio use in moving vehicles.

The web address to read the Bill as it stands today is http://www.ontariocanada.com/registr...chType=current

At the bottom of that page is a link to a comments page.

We would like to remind the Ministry that the 20,000 licensed amateur radio operators who use their federally licensed mobile radio equipment were never part of the problem.

We’d also like to remind the Ministry that curtailing the use of mobile two-way radio transceivers by amateur radio operators and other two-way radio mobile users will in no way solve the problem of distracted drivers using their cell phones.

We would encourage all amateurs to offer the Ministry their clear and concise comments about how they have served their local communities, regions and the province through their use of amateur radio.

Supporting documents already sent to the Minister of Transport are available upon request to ve3hg@rac.ca (I will respond to e-mails sent over the weekend on Monday, June 8th).

We would ask that you alert your fellow amateur radio operators in your clubs, associations and communities to this issue and urge them to take immediate action by sending their comments to the Ontario Ministry of Transportation.

[VA3JME]

Lots of activity on this of late... see here: http://en.wordpress.com/tag/bill-118/

[va3vkk]

A ban on cellphones and other hand-held devices for Ontario drivers is set to take effect on Oct. 26.
http://ottawa.ctv.ca/servlet/an/loca...hub=OttawaHome

The law will not apply to mobile data terminals, logistical tracking devices and dispatching devices, which will be exempt for drivers of commercial and public-service vehicles. Hand-mikes and portable radios may be used in a hands-free mode.

Bill 118, Countering Distracted Driving and Promoting Green Transportation Act, 2009
http://www.ontla.on.ca/web/bills/bil...en&BillID=2099

[VE3MPG]

Time to wire up a foot switch for my 2m radio - they didn't say anything about using one's left foot did they Kim?

[va3rdc]

Check out this link for additional information:

http://news.ontario.ca/mto/en/2009/0...t-devices.html

[va3rdc]

The following link is from the actual law as amended and passed. As amateur radio operators, we will be exempt until Jan 01, 2013.

http://www.lois-en-ligne.gouv.on.ca:...s_r09366_e.htm

[VE3OIJ]

The exemption that applies to us also applies to a whole host of hand-mike radio use.

I wonder if they have any evidence to back up up the notion that people chatting with a hand mic are more likely to get into accidents?

[va3rou]

Every mobile operator should print out the new regulation, and then highlight the following sections in case they ever have to educate an officer or a judge:

13. (1) Until January 1, 2013, drivers who hold a valid radio operator certificate issued under the Radiocommunication Act (Canada) may drive a motor vehicle on a highway while holding or using a two-way radio.

14. (1) A person may drive a motor vehicle on a highway while pressing a button on a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio if the device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion and the driver can see it at a quick glance and easily reach it without adjusting his or her driving position.

(2) A person may drive a motor vehicle on a highway while pressing a button on a device that is worn on his or her head or hung over or placed inside his or her ear or is attached to his or her clothing and is linked to a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio or a hand microphone or portable radio.


Even after the exemption, we will be allowed to use PTT, as long as the button is easy to reach and attached to the vehicle, or if it is attached to our clothing. So, basically all we have to do is rig up and external headset mic to our existing hand mic, and leave the hand mic handing on the dash. The mic doesn even have to be wireless.

No need to fear this one. Chances are that after the exemption expires it will be so common to wear a head mic that you won't even think it strange. Plus the cops will likely only pull you over if you're causing problems.

Cheers,

Chris

[VE3OIJ]

As I've said many times, people are reading way, way too much into the bill regarding restrictions. This bill isn't that bad, and I doubt we'll see any radio amateur get a ticket within my lifetime simply for talking on the radio.

Now, if an amateur gets in an accident and was talking on the radio... well, maybe he deserves the ticket?

[VA3JME]

Darin, I would have agreed with you before these new changes were put in place, but now that hand mics are specifically mentioned, things are not so vague.

[VE3MPG]

Comparing insurance claims for crash damage in 4 US jurisdictions before and after such bans, The Highway Loss Data Institute (HLDI) researchers find claim rates are comparable with nearby jurisdictions without such bans.

"The laws aren't reducing crashes, even though we know that such laws have reduced hand-held phone use, and several studies have established that phoning while driving increases crash risk," says Adrian Lund, president of HLDI.

http://www.ibtimes.com/articles/2010...fect-study.htm

[VE3OIJ]

Perhaps the insurance industry (and by extension, legislators) are taking too broad a look at the "using devices while driving" thing.

For example, while it may be true that in a population, using cellphones/radios/whatever while driving increases the accident rate in the population, it could very well be that it lopsidedly increases the accident rate in drivers who were already dangerous, while not increasing it at all in the safe population.

That is to say...

In 100 people, let's say 10 of them are people you'd call "jackasses" - they speed, they weave, they follow too close, yadda yadda... the population has 20 accidents a year, but 15 of the accidents are from those 10 worst people. Hand a cellphone to all 100 drivers and you find the doubles to 40 per year... but if you look at the data, would you see that the worst 10 now have 35 accidents a year?

You might. Those 10 people are already operating beyond their abilities and now they have on more thing to cause them to not pay attention to the task at hand. If this was the result, then a ban probably won't make much of a difference because the 10 worst people likely don't follow the law especially well anyway.

I don't think the research has been properly done to determine if the problem actually is talking on a phone/pushing GPS buttons/whatever... I think the research clearly shows it might be a problem, but nobody's really looked at whether it's a general problem or is mostly confined to a segment of the population who probably need restricted driving privileges anyway.