Bill 118 explained

Thanks to a return telephone call from Ontario’s Ministry of Transport staff person who is in charge of working on Bill 118 we’ve got a better understanding of the definitions released this week in regards to Bill 118 Ontario’s distracted driving legislation. Seems the intent of section 14 is to allow the use of push-to-talk buttons and other controlling devices while banning the holding of a microphone while driving. This ban will come into effect in three years to allow for the introduction of hands-free technology when it comes to two-way radios.

6 Responses to “Bill 118 explained”


  • Mr. Bradley’s bunch just seem to make things more confusing all the time.

    From the regulations:

    Time-limited exemption for amateur radio operators

    13. (1) Until January 1, 2013, 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.

    But they define a ‘two way radio’ as:

    “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”)

    On a set frequency? Do we all go back to crystal control?

    And what police office will know if it’s ‘set’ or not? The police officer who likely knows absolutely nothing about amateur gear? I have an HT that could be mistaken for a cell phone too.

    This gets worse all the time.

    I still argue that they have no jurisdiction at all. It’s Industry Canada.
    Just look at the definitions in the Radio Communications Act.

    Time will tell. Still have not heard back from my MPP.

  • i anticipate a legal challange sometime after jan.1.2013 . we “are” governed by “industry canada” and not by any currently seated provincial governing body . if this takes place i will willing forward funding towards this endeavour . i hope everyone in ontario does ! rac and darf need be more insistant and verbal with government or they serve us no purpose . manitoba exempts amatuer radio operators from their distracted driving law . federally in usa the safety powers that govern the usa have stated “after investigations” that amateur radio operators need not be restricted in their use of their equipment in a mobile setting , but , should utilize safe practices when doing so . we as amateurs govern ourselves for the most part and as such are as a whole a safe group . if “we” had a problem with driving and talking we would have addressed this long ago . and there is no need for bill 118 as there are already laws on the books regarding distracted driving circumstances .

    my appologies for keeping this post verbally civilized .

  • so please explain the difference between holding a microphone and holding a ptt switch re section 14 , as they see it ? a microphone or ptt switch is just that , you are holding something in your hand . section 14 clearly states “microphone” in the wording . quote- permits an exemption for operators using two-way radio equipment safely installed in a vehicle and activated by the use of a ptt microphone – . a microphone is a ptt switch !

  • For those of you who feel the ‘jurisdiction’ issue won’t fly…take a look at this:

    R v. Forbes, decided in the Ontario Provincial Court (Criminal Division) on June 8, 1981, Judge K.A. Langdon (unreported). The case involved an amateur (ham) radio operator who was accused of violating a City of Mississauga by-law which was designed to control interference in residential areas. The judge dismissed the case and stated that regulation of the emissions from radio stations was exclusively within the legislative competence of the federal government. (See esp. at p. 4)

    This is from the IC web site

    73 and keep the pressure up.

    Brian
    VE3BHD

  • It should be noted, that if Ontario does get away in totally inforcing the “Hand Free” ruling of Bill 118, when the final deadline arrives 3 yrs, from now, the affect may ripple straight across Canada, where other Provinces that have exempted, and allowed the use of mobile Amateur Radio mikes, as they are today, may have those exemptions rescinded, by provinces now exempting them. Other provinces may take a second look at both Ontario’s Bill 118, and their own, and figure that if Ontario can do it, and have their new law stick in the courts, we can do the same thing, and rescind that exemption to a “Hands Free” law, such as Ontario is now imposing. What Ontario does, and gets away with, will end up affecting all amateurs nation-wide across Canada in the coming future, if an exemption with Ontario is not reached, for Amateurs using existing mobile mikes in Ontario.
    Another point. Why doesn’t the Ontario government not include themselves in this Bill 118, with all government vehicles on the road today(Fire Ambulance, road/hwy vehiles, and police to name a few that they operate)? A single police officer, alone in their vehicle, has to operate a computer, siren, lights, and transmitter within his or her squad car while driving on Ontario’s roadways, each an every day they work , even during high speed chases. Tell me, how less dangerous are they, than us? Infact, they’re far more dangerous than us on the roads. They have lots of distractions. specially during a high speed chase. They can’t stop in a high-speed chase to change freqs., work the computer, operate and listen to their transmitter, while listening to the high, loud pitch of a siren, and bright over-head flashing lights flashing in their eyes in busy, moving traffic, without being a complete danger to themselves, and others on and off the roadways. This distracts their driving abilities moreso than ours do.
    With this new law, we in Ontario, will have to pull over to the side of the road to make changes to our transmitters operations if needed, because we will no longer have the key/button pads to make those changes through our mike cords. The mike cords and the mikes being used now, allow the driver/radio operator, to make changes quickly, by raising the mike high enough so they don’t have to take our eyes far off the road while making those changes. Many can do it by sence of touch, without having to look at the mike at all. It will be far more dangerous for us to try and make changes to our transmitters from the face plate, while driving. In most cases, it can’t be done safely, the LCD screens have numbers far too small to read for alot of operators, so pulling off the road is a must, inorder to make freq. changes, and mode changes, without causing an accident. It will be even more complex and dangerous for those operating multi transmitters within their vehicles while driving.
    I have said it before, and I’ll say it again here, we amateurs all across Canada should be standing together as one large body, and going after the Ontario Government to have things remain as they are now, and have them exempt us from Bill 118. What affects Ontario’s mobile operators, will surely affect operators all across Canada in the years ahead, if we don’t act now, and nip it in the bud!!! 73

  • here is another possibility………….
    what the province wants me to do is use my radio in my opinion to transmit illegally . here is the scenerio , the province wants me to connect a handsfree device of some kind which there is many possibilities , i only refer to the bluetooth kind here . it is an “unlicenced” radio system connected to my “federally licenced” and “federally regulated” radio to activate it . point #1 i believe this contradicts industry canada regulations . point #2 i thru the level obtained of my amateur licence status am not permitted to have care/control (ownership) of a “repeater” . using the bluetooth system makes my radio a “repeater” . therefore the province is forcing me to “federally” operate illegally and to “provincially” operate legally under this scenerio .

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