Richard Ferch, VE3KI
RAC Regulatory Affairs Officer
In light of the recent decision by the Ontario Ministry of Transportation to make permanent the exemption for handheld two-way radios for commercial drivers and Amateur Radio operators, we have reviewed the regulations in Canada and, to the best of our knowledge, the exemptions in all other provinces are “permanent” (i.e., with no defined end date).
The one exception is Nunavut, where there is apparently no exemption – although the text of the exemption in some other cases may be somewhat ambiguous and open to interpretation.
These regulations are made and enforced by Provincial and Territorial governments and can vary considerably from province to province and over time and are subject to change.
Alberta:
Section 3(1): Pursuant to section 115.1(1) of the Act, an individual who holds a radio operator certificate issued under the Radiocommunication Act (Canada) may drive or operate a vehicle on a highway while holding, viewing or manipulating a 2‑way radio communication device.
British Columbia:
Section 9 (“hand microphone” is defined in section 3(2)):
9 A person may use a hand microphone while driving or operating a motor vehicle on a highway if
(a) the device is within easy reach of the driver’s seat, and
(b) is securely fixed to the motor vehicle or worn securely on the person’s body in a manner that does not obstruct the person’s view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.
Manitoba:
Section 215.1(5):
215.1(5) Subsection (2) does not apply to the use of
(a) a radio apparatus, as defined in section 2 of the Radiocommunication Act (Canada), that
(i) is operated under the authority of a radio operator certificate issued under that Act,
Newfoundland and Labrador:
Section 176.1(4)(b):
176.1 (4) Subsection (1) does not apply in respect of the use of
(b) a device that is linked to a non-public shortwave radio communication system.
New Brunswick:
Section 265.03(e):
265.03 Section 265.02 does not apply to a person
(e) who uses a two-way radio while operating a motor vehicle on a highway if that person is the holder of a radio operator certificate issued under the Radiocommunication Act (Canada),
Northwest Territories:
Schedule B, item 6:
May be used on any road as long as the transceiver is mounted to the motor vehicle and the user is lawfully authorized to use the transceiver (for all services including commercial services, the General Radio Service (GRS), General Mobile Radio Service (GMRS) and Amateur Radio Service).
Nova Scotia:
Section 100D(1) (two-way radios not included):
100D (1) It is an offence for a person to use a hand-held cellular telephone or engage in text messaging on any communications device while operating a vehicle on a highway or operating a personal transporter on a roadway or a sidewalk.
Nunavut:
Section 239.1: No exemption found
Ontario:
Section (13)1:
(1) 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.
Prince Edward Island:
Section 291.1(4)(b):
291.1 Hand-held devices holding or use prohibited while driving
(4) Subsection (1) does not apply in respect of the use of
(b) a device that is linked to a non-public shortwave radio communication system.
Quebec:
The official online document, “What the Law says”, states under the heading “Exceptions”, second bullet:
The prohibition from holding a hand-held device that includes a telephone function does not apply: in the case of a two-way radio, that is, a device that does not allow the parties to speak simultaneously – also known as a walkie-talkie, mobile transceiver, two-way portable radio or two-way transceiver
Saskatchewan:
The third column of the PDF document states: two-way radios are not included in the definition of “electronic communications equipment” in the Traffic Safety Act.
Yukon:
Section 88.2(2):
88.2 (2) A person who is a fully licensed driver may, despite subsection 210.1(2) of the Act, use a two-way radio that is an electronic device while operating a motor vehicle on a highway, provided that the person does not use it in a telephone function or for transmitting or receiving electronic mail or other text-based messages.
Background Information
Distracted Driving in Canada
Distracted driving regulations continue to be an area of interest for many Canadian Radio Amateurs. These regulations are made and enforced by Provincial governments and can vary considerably from province to province and over time. Radio Amateurs of Canada has prepared a list of links to current regulations in all provinces that have established them and they are provided below.
Radio Amateurs of Canada representatives in our regions often work to clarify regulations where Amateurs may be caught up in them or when the regulations are being created or modified. A committee was formed to monitor the legislation and work with government officials on a province by province basis to look after the interests of Canadian Amateurs. This committee is under the direction of RAC British Columbia/Yukon Lead, Bill Gipps, VE7XS. Two provinces are the focus of current activity: British Columbia and Ontario.
In British Columbia, Bill Gipps, VE7XS, together with two local Amateurs (Chris Scholefield, VE7QCS and Dave Miller, VE7HR), met several times with representatives of the BC Government to discuss BC distracted driving regulations and their application to Amateur Radio. The BC Government completed their stakeholder engagement and published a new document in February 2017 which clearly spells out that Amateurs can use “push to talk” buttons, on our Amateur Radios, while operating in our motor vehicles.
RAC Directors Allan Boyd, VE3AJB (Ontario North/East) and Phil McBride, VA3QR (Ontario South), had a very productive meeting with Ontario Ministry of Transportation officials on Wednesday, May 31, 2017. The purpose of the meeting was to consult with industry stakeholders on Ontario’s Distracted Driving Law and, specifically, the current five-year exemption for the handheld use of two-way radios set to expire on January 1, 2018. The meeting resulted in a very productive exchange of information.
RAC will continue to provide additional information about distracted driving regulations on the RAC website as it unfolds. The information provided below shows some of the efforts of RAC officials in support of Amateur Radio.