OHTA.ca

Posted: **Thu Mar 14, 2019 4:47 pm**

I received a ticket for using a hand held device in Cambridge. I am a transport driver and was using a two-way radio at a red light to get directions from my dispatch. I have since found out that the use of two-way radios is exempt from distracted driving charges in transport trucks until 2021. Any advice on how to fight this? Do I need representation which I'm told will cost about $900.

Thanks for any feedback.

Posted: **Sat Mar 16, 2019 4:55 am**

Do you need representation for this type of situation? It depends.

Normally, I'd probably say no. However, your livelihood probably relies on a clean driving abstract. It might help to have someone who knows the ins and outs of a courtroom who is not going to be fumbling around. In that case, is the $900 worth it?

If you want to give it a go, you can start by requesting a court date. From there, you'll wait to receive your Notice of Trial in the mail. Then you can make a disclosure request. Assuming the numbers on the top of your ticket are 4460, that would be 77 Queen St. North.

Here is all the relevant information for a disclosure request.

Prosecution Office:

Phone: 519-575-4804, Option #1

Fax: 519-745-4967

Email (General Inquiries): prosecutorsoffice@regionofwaterloo.ca

Email (Disclosure Request): disclosure@regionofwaterloo.ca

Or if you wish to fill out the online form, it's available here. (Frequently asked questions > How can I obtain disclosure prior to my early resolution meeting or trial date?)

Posted: **Sun Mar 17, 2019 5:01 pm**

Just make sure that you’ve read https://www.ontario.ca/laws/regulation/090366

And in particulate, the definitions associated to the exemption. “Two way radio” is a very specific definition.

Posted: **Tue Mar 19, 2019 5:53 pm**

http://ontruck.org/mto-extends-limited- ... ntil-2021/

Posted: **Tue Mar 19, 2019 10:55 pm**

Decatur put it best.

Two way radios are defined. Make sure you fall into that definition.

“two-way radio” means a wireless communication device, consisting of a main receiver unit and a separate hand-held microphone, that is operated by a push-to-talk function on a set frequency and that allows for voice communication but not for the transmission and receipt of voice communication at the same time. (“radio bidirectionnelle”) O. Reg. 366/09, s. 1; O. Reg. 424/15, s. 1.

....

Time-limited exemption for certain commercial activities

12. (1) Drivers of commercial motor vehicles may drive a commercial motor vehicle on a highway while holding or using a two-way radio. O. Reg. 366/09, s. 12 (1), O. Reg. 253/12, s. 2 (1); O. Reg. 424/15, s. 3 (1).

(2) The following persons, while engaged in the performance of their duties, may drive a motor vehicle on a highway while holding or using a two-way radio:

1. Drivers of motor vehicles clearly identified as courier delivery vehicles.

2. Drivers of roadside assistance service vehicles.

3. Drivers of taxicabs and limousines licensed by a municipality or airport authority to provide passenger service.

4. Drivers of street cars.

5. Drivers of road-building machines.

6. Over-dimensional vehicle escorts appointed under section 110.5 of the Act. O. Reg. 366/09, s. 12 (2), O. Reg. 253/12, s. 2 (2); O. Reg. 424/15, s. 3 (2); O. Reg. 214/18, s. 1.

(3) Subsection (1) does not apply if the driver is using the commercial motor vehicle for personal purposes without compensation. O. Reg. 366/09, s. 12 (3).

OHTA.ca

Transport Driver Ticketed For Using Two-way Radio

Transport Driver Ticketed For Using Two-way Radio

Re: Transport Driver Ticketed For Using Two-way Radio