BILL NO. 19

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
52 Elizabeth II, 2003

Private Member's Bill

Motor Vehicle Act
(amended)

Russell MacKinnon
Cape Breton West

First Reading: October 15, 2003

(Explanatory Note)

Second Reading:

Third Reading:

This Bill prohibits the use of a hand-held cellular telephone by a person who is operating a motor vehicle.

Be it enacted by the Governor and Assembly as follows:

1 Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding immediately after Section 109 the following Section:

109A (1) In this Section,

(a) "cellular telephone" means a device that can send and receive two-way voice telecommunications without the use of a wire or cord, except where a wire or cord is used as a power source, but does not include a two-way radio device;

(b) "hand-held cellular telephone" means a cellular telephone, the use of which requires being placed in proximity to the mouth and ear by being held in the hand or by other 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 earphone and microphone that may stand alone, be mounted in a vehicle or worn on the body.

(2) No person shall use a hand-held cellular telephone while driving a motor vehicle on a highway.

(3) Subsection (2) does not apply to

(a) a person reporting an emergency if it is not practical or safe to stop or park the motor vehicle before reporting the emergency;

(b) a person operating a police or fire department vehicle or ambulance;

(c) a person using a hands-free cellular telephone; or

(d) any other use of a cellular telephone prescribed by the Governor in Council.

(4) A person who contravenes subsection (2) is guilty of an offence and liable on summary conviction to a fine of not less than twenty-five dollars nor more than one hundred dollars.

(5) The Governor in Council may make regulations prescribing the use of cellular telephone for the purpose of subsection (3).

(6) The exercise by the Governor in Council of the authority contained in subsection (5) is regulations within the meaning of the Regulations Act.

2 Number 13. in the POINT SYSTEM TABLE in subsection 282(2) of Chapter 293, as amended by Chapter 24 of the Acts of 1994 and Chapter 12 of the Acts of 2001, is further amended by adding ", 109A" immediately after "107".