Microphone use while driving..

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RadarGrrl
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Microphone use while driving..

Postby RadarGrrl » Wed Aug 14, 2013 3:11 pm

Apparently it is illegal in Ontario to use a handheld microphone, like, for a CB radio or VHF mobile while driving. It falls under the same law that covers cellphones and other handheld devices, and, to me, seems absurd, given their prevalence in all manner of service vehicles, cops, fire, towtrucks, big rigs etc. Is this the same for BC as well?
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thedjjack
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Re: Microphone use while driving..

Postby thedjjack » Wed Aug 14, 2013 5:16 pm

Last time I read the Act,,,,2 way mikes are permitted (has to be wired to a radio if I remember right)...

RadarGrrl
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Re: Microphone use while driving..

Postby RadarGrrl » Wed Aug 14, 2013 5:20 pm

thedjjack wrote:Last time I read the Act,,,,2 way mikes are permitted (has to be wired to a radio if I remember right)...


That is good to hear. It means I don't have to go and shell out for a Bluetooth adapter and headset for my quadbander.
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thedjjack
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Re: Microphone use while driving..

Postby thedjjack » Thu Aug 15, 2013 8:42 am

This is the law not very clear (I have a clear exemption if working from it)...

http://www.bclaws.ca/EPLibraries/bclaws_new/document/LOC/freeside/--%20M%20--/46_Motor%20Vehicle%20Act%20RSBC%201996%20c.%20318/00_Act/96318_06.xml

Qp Date
Motor Vehicle Act
[RSBC 1996] CHAPTER 318

Part 3.1 — Use of Electronic Devices while Driving
Definitions

214.1 In this Part:

"electronic device" means

(a) a hand-held cellular telephone or another hand-held electronic device that includes a telephone function,

(b) a hand-held electronic device that is capable of transmitting or receiving electronic mail or other text-based messages, or

(c) a prescribed class or type of electronic device;

"use", in relation to an electronic device, means one or more of the following actions:

(a) holding the device in a position in which it may be used;

(b) operating one or more of the device's functions;

(c) communicating orally by means of the device with another person or another device;

(d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.
Prohibition against use of electronic device while driving

214.2 (1) A person must not use an electronic device while driving or operating a motor vehicle on a highway.

(2) Without limiting subsection (1), a person must not communicate by means of an electronic device with another person or another device by electronic mail or other text-based message.
Exceptions to prohibition — emergency personnel

214.3 Section 214.2 does not apply to the following persons who use an electronic device while carrying out their powers, duties or functions:

(a) a peace officer;

(b) a person driving or operating an ambulance as defined in the Emergency Health Services Act;

(c) fire services personnel as defined in the Fire Services Act.
Exceptions to prohibition — certain permitted activities

214.4 Section 214.2 does not apply to a person who uses an electronic device

(a) while operating a motor vehicle that is safely parked off the roadway or lawfully parked on the roadway and is not impeding traffic,

(b) to call or send a message to a police force, fire department or ambulance service about an emergency, or

(c) that is configured and equipped to allow hands-free use in a telephone function, is used in a hands-free manner and is used in accordance with the regulations, if any.
Exceptions to prohibition — by regulation

214.5 Section 214.2 does not apply to

(a) a prescribed class of persons who, while carrying out their powers, duties or functions and driving or operating a motor vehicle or a prescribed class of motor vehicle, use an electronic device or a prescribed class or type of electronic device,

(b) a person who uses an electronic device while engaged in a prescribed activity or in circumstances or under conditions set out in the regulations, or

(c) a person who uses a prescribed class or type of electronic device.
Power to make regulations

214.6 The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing classes or types of electronic devices for the purposes of paragraph (c) of the definition of "electronic device" in section 214.1;

(b) setting out actions for the purposes of paragraph (d) of the definition of "use" in section 214.1;

(c) for the purposes of section 214.4 (c), setting out the manner in which, or the extent to which, a hands-free electronic device may be used in a telephone function;

(d) for the purposes of section 214.5;

(e) regulating the installation or mounting of classes or types of electronic devices in motor vehicles;

(f) exempting or excluding, with or without conditions, classes or types of electronic devices, classes of persons or classes of vehicles or classes of persons while driving or operating a motor vehicle or class of motor vehicle from the operation of a provision of this Part.

RadarGrrl
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Re: Microphone use while driving..

Postby RadarGrrl » Thu Aug 15, 2013 11:19 am

This does sound vague. Maybe this is something to bring up at RAC to see if there's any clarification.
It's not just a van, it's an entire subculture!

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thedjjack
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Re: Microphone use while driving..

Postby thedjjack » Thu Aug 15, 2013 11:59 am

hand held is the key I think....radio fixed to vehicle and mic on wire is not hand held electronic the way I read it....

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Re: Microphone use while driving..

Postby nxski » Thu Aug 15, 2013 3:16 pm

What about the outlet on the karaoke machine labeled "driver?" :-D
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