Ontario becomes fourth province to introduce legislation prohibiting cellphone use while driving

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by dwayne tingley
times & transcript staff

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FREDERICTON - Ontario has become the fourth Canadian province to ban the use of cellphones by motorists, but there are no plans to bring in similar laws in New Brunswick.

Public Safety department spokeswoman Lisa Harrity said New Brunswick sees the use of cellphones for talking, e-mailing or text messaging in the same way it views several other distractions.

However, Harrity said the province is watching to see how well the legislation works in Newfoundland and Labrador, Nova Scotia, Quebec and now Ontario to see if it leads to a reduction in motor vehicle accidents.

For now, New Brunswick believes the Motor Vehicle Act covers the issue of distracted drivers well, Harrity said.

The act says motorists can be charged "without driving with reasonable consideration for others on the highway."

Guilty motorists can be ticketed, lose up to three points on their licence and fined $172.50.

They can also be charged with driving with "undue care and attention," which results in a court appearance. If guilty, the motorist can lose a minimum of five points and fined at least $604.50.

In Nova Scotia, the fine for using a hand-held phone while driving is $164.50 for the first offence, $222 for the second and $337 for any subsequent offences.

RCMP Cpl. Claude Tremblay said police are aware cellphones and other electronic devices distract drivers, but there are no statistics to show how serious the problem is in New Brunswick.

"Unless we have a third party, an eyewitness, how can we prove the cellphone was the cause of an accident," the media relations officer said.

"When someone gets into an accident, they are not going to admit they were on the phone. They aren't going to say they were distracted. They aren't going to tell us and their insurance company about the cellphone."

Tremblay is not convinced hands-free cellphones are a safe alternative.

"We want people driving who have 100 per cent of their attention and focus on the road," he said.

Fredericton City Councillor David Kelly, who is also a licensed damage appraiser, is pushing the New Brunswick government to ban the use of cellphones by motorists.

"Sadly, I see the end result of accidents caused by the distraction to the drivers of a motor vehicle when the usage of cellphone played a role in the collisions," Kelly said.

The Insurance Bureau of Canada praised the Ontario government for bringing in the legislation, but also called for the introduction of a public education program to teach drivers about all forms of distraction.