2002 BILL 15

	15


Fourth Session, 44th General Assembly 51 Elizabeth II, 2002
BILL 15
AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT
Received and Read the First Time
Second Reading
Committee
Third Reading
Royal Assent
HONOURABLE WALTER NOEL Minister of Government Services and Lands
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of this Bill would amend the Highway Traffic Act to make it an offence to use a hand-held cellular phone while driving a motor vehicle on a highway.

The Schedule to the Act prescribing penalties is amended in clause 2 of the Bill.

Clause 3 of the Bill is a commencement clause.

A BILL

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT
Analysis

1. S. 176.1 Added
Use of hand-held cellular phones prohibited

2. Sch. Amdt.

3. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3
as amended

1. The Highway Traffic Act is amended by adding immediately after section 176 the following:

Use of hand-held cellular phones prohibited

176.1 (1) In this section

(a) "cellular phone" means an apparatus which can send and receive 2 way voice telecommunications without the aid of a wire or cord, except where that wire or cord is used as a power source, and excludes a 2 way radio device; and

(b) "hand-held cellular phone" means a cellular phone the use of which requires being placed in proximity to the mouth and ear by being held in the hand or by another means that uses one or more parts of the body, but does not include a cellular phone that is equipped with and used with an external speaker or ear phone and microphone that may stand alone, be mounted in the vehicle, or worn on the body.

(2) A person shall not use a hand-held cellular phone while driving a motor vehicle on a highway.

(3) A person who uses a hand-held cellular phone contrary to subsection (2) is guilty of an offence.

2. The Schedule to the Act is amended by adding immediately after the row and columns referring to subsection "176(4)" the following:

176.1

Using a hand-held cellular phone while driving a motor vehicle on a highway

180

7 days

2 days

Commencement

3. This Act shall come into force on a date to be proclaimed by the Lieutenant-Governor in Council.