OHTA.ca

I was pulled over from behind today. I was on the phone with the ear buds in ear talking to work. I did have the phone in my right hand. The cop said he saw the earbuds but the law says no hand contact with the phone. For some reason, i always thought that with earbuds, it didn't matter if you held the phone in your hands or not. Is this even worth fighting it or i was plain ignorant of the definition of the law?

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You thought wrong. The phone must be mounted.

78.1 (1) 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. 2009, c. 4, s. 2; 2015, c. 27, Sched. 7, s. 18.

The only exceptions are:

• hands-free mode (s. 78.1(3))

• contacting emergency services (s. 78.1(5))

• off the road or parked AND not in motion AND not impeding traffic (s. 78.1(6))

• pressing a button to make, answer or end a phone call or two-way radio transmission if the device is placed securely in or mounted to the vehicle so that it does not move while the vehicle is in motion and the driver can see it at quick glance and easily reach it without adjusting driving position (O. Reg. 366/09, s. 14(1))

• pressing a button on a device that is worn on the driver's head or hung over or placed inside their ear or attached to their clothing and is linked to a device to make, answer or end a phone call or two-way radio transmission or hand microphone or portable radio (O. Reg. 366/09, s. 14(2))

• the following devices if placed securely in or mounted to the vehicle so that it does not move while the vehicle is in motion:
  • a device that displays information on conditions, use and immediate environment of the vehicle, or information on road or weather conditions
  • an ignition interlock device
  • a car audio control that displays only text or static images
  • a hand-held device that displays only text or static images and is connected directly into and operates using the audio system controls of the motor vehicle (O. Reg. 366/09, s. 7)