Last year, the Ontario government introduced Bill 118, Countering Distracted Driving and Promoting Green Transportation Act, 2009 to amend the Highway Traffic Act to prohibit the use of hand-held communication and entertainment devices while driving. The new law will prohibit driving a vehicle on the highway if:

• the display screen of a TV, computer or other device is visible to the driver.  This does not include GPS systems, commercial logistical tracking systems, collision avoidance systems, or the instrument panel of the vehicle.
• the driver is holding or using a hand-held wireless communication or electronic entertainment device, unless that device is not being held and is being used in hands-free mode.

Media outlets and some government departments mistakenly reported this week that the ban took effect on September 1, 2009. In fact, the ban does not take effect until proclaimed by the Lieutenant Governor, which has not yet taken place. This was confirmed by the Ontario Ministry of Transportation.

In advance of the ban coming in to effect, employers should consider implementing or amending their current employee driving policies to prohibit employees from using hand-held communication and entertainment devices while driving.