ARLA/CLUSTER: Quebec no Canadá pode banir todas as comunicações radioamadoras em movel

[João Costa > CT1FBF]

Amendment to the ban of cellular telephone use while driving

The ban on the use of cellular telephones while driving came into
force in April 2008. Since that time different police departments have
issued tickets for the use of various types of devices which could be
construed as telephone systems. Those who have received these tickets
have vigorously contested them. The courts which have heard these
cases have expanded considerably on the meaning of the law to include
a multitude of communications equipment far from being cellular
telephones.

RAQI has periodically made representations to various government
authorities with a view to excluding amateur radio equipment from the
ban on the use of cellular telephones while driving. On different
occasions such as the RAQI nets or when meeting with club members RAQI
has explained that the SAAQ and the Ministry of Transport were waiting
to see in which direction the courts would interpret the cellular
telephone law.

RAQI has also pointed out that radio amateurs are not the only group
affected by the wider interpretation of the courts. For example, among
others, the Ministry of Transport itself, Hydro Québec and many others
cannot use their radio communications equipment in their own vehicles.

After four years of uncertainty the situation has now been clarified
by amendments to the Highway Safety Code which came into effect this
past June 6. The new article 439.1 of the code reads as follows:

439.1. No person may, while driving a road vehicle, use a hand-held
device that includes a telephone function.

For the purposes of this section, a driver who is holding a hand-held
device that includes a telephone function is presumed to be using the
device.

This prohibition does not apply to drivers of emergency vehicles in
the performance of their duties.

The first paragraph does not apply to a two-way radio, that is to say
a cordless voice communication device which does not allow the
partiesto speak simultaneously.

The Minister may, by order, determine other situations or types of
devices to which the prohibition set out in the first paragraph does
not apply.

« The underlined text is the two paragraphs added on June 6, 2012. »

The legislature has retained the spirit of the 2008 law to prevent the
use of cellular telephones by the general public while driving without
restricting those using radio communications systems which were
already in use before the arrival of cellular telephones, such as
amateur radio.

RAQI is proud to have contributed, by its representations to the
authorities concerned, to the clarification of the text of the law
banning the use of cellular telephones while driving and permitting
ALL QUEBEC RADIOAMATEURS and not just members of RAQI to continue to
use their mobile communications equipment in their vehicles as they
always have.

RAQI hopes that the radio amateur community recognizes the
importanceof a strong provincial association and the support it
provides.

For more information contact

Guy Lamoureux, VE2LGL
President-General Manager RAQI
bur: (514) 252-3012
e-mail: admin  raqi.ca

(Translated by James R. Hay, VE2VE)