Question: What is distracted driving?

Answer:  Distracted driving occurs when a driver’s attention is diverted away from driving. Such diversions reduce a driver’s awareness, decision-making ability, and driving performance and increase the risk of driver error. Distracted driving is a major contributor to road collisions. Driving requires your full attention.

Question: What is the purpose of distracted-driving legislation?

Answer:  Distracted-driving legislation targets driver inattention by making it illegal to use hand-held electronic devices while driving. Changes to the Motor Vehicles Act and regulations have been made to restrict the use of hand-held electronic devices and to specify exemptions and special conditions.

Question: What is a restricted electronic device?

Answer:  In the NWT, a restricted electronic device includes any portable electronic device. Its use while driving is prohibited if it is at any time held in the driver’s hand while the vehicle is being driven or is stopped at an intersection. Examples include 1) hand-held cell phones, 2) any device for sending and receiving data, 3) any hand-held device for playing audio or video recordings, 4) laptops or devices that capture images, 5) portable two-way radios (walkie-talkies), 6) electronic games, and 7) hand-held GPS system receivers.

Question: So, is it against the law to use my cell phone while I’m driving?

Answer: Yes, with very few exceptions.  A cell phone is a restricted electronic device.  However, such a device can be used if it has been modified or installed to be used in a hands-free mode, which means that the driver is not holding or physically entering data (phone number, etc.) into the device while operating the vehicle.

Question: What about other hands-free devices?

Answer:  Any restricted electronic device may be used by a driver while operating a vehicle if it is being consistently used in a hands-free manner.

Question: Does this mean I can’t dial the phone while I’m driving, even if I’m wearing a Bluetooth or similar device?

Answer:  Yes, it is illegal to dial while driving, even on a Bluetooth-enabled device. The Act says a hands-free device may be used as long as it’s used in a hands-free manner—dialing a number on a cell phone, programming a music player, or entering a new GPS address while driving requires the handling of the device and is therefore illegal.

Question: When did the legislation come into force?

Answer:  January 1, 2012. It is now in force.

Question: Was the legislation designed especially for the NWT?

Answer:  Yes, it was designed to suit our jurisdiction and our residents. At the same time, the legislation mirrors the practice of most other Canadian jurisdictions.

Question: What measures has the Department of Transportation taken to ensure that NWT residents are aware of the legislation?

Answer: The Department, through the Drive Alive program, has raised awareness about distracted driving over a number of years. Advertisements, public service announcements, brochures, and Internet content have been delivered to all NWT residents to inform them about the legislation and its requirements. The Department also worked with community safety partners SADD (Students Against Destructive Decisions) and Top of the World Travel to promote driving safety to young audiences.

Question: Why are some drivers being allowed to use their cell phones while driving?

Answer:  Safety of all NWT road users is our top priority. In a few cases, the risks posed by drivers using hand-held electronic devices are offset by other public-safety concerns.  Emergency workers and enforcement officers, and volunteers assisting them, are therefore permitted to use hand-held cell phones while carrying out their duties as appropriate. Anyone may use a hand-held device to report an emergency where safety or security is at risk.

Question:  Why is there a territory-wide ban when some Northwest Territories communities don’t have cell phone service?

Answer:  The Department serves the entire Northwest Territories and addresses safety issues affecting all residents. The new law applies to all hand-held electronic devices, not only cell phones. This includes MP3 players, tablets, e-readers, and GPS systems, which are available to all residents. Approximately eighty percent (79.5%) of NWT residents have regular access to a cell-phone network.

Question: Will the Department’s communications plan specifically target drivers from communities without cell-phone service coming into communities that do have coverage?

Answer:  The Department’s communications plan is designed to reach all drivers, as well as all people who influence drivers, in all NWT communities. It is doing so through a variety of methods, including radio and newspaper announcements, social-media campaigns, brochures, and the “Leave the Phone Alone” campaign. Specific audiences are subsequently targeted to advance this goal. All NWT residents have access to these materials, which advise that the use of hand-held electronic devices, including cell phones, is prohibited under the new legislation.

Question: Are novice drivers held to different standards than experienced drivers under the Distracted Driving legislation?

Answer:  No. Exactly the same standards are applied to novice and experienced drivers alike. (A novice driver is a learning driver who is gradually accorded privileges by demonstrating proficiency behind the wheel.)

Question: Why does the Distracted Driving legislation ban all electronic devices while driving? Why are other distractions such as eating, personal grooming, or unsecured pets not addressed in the legislation?

Answer: Operating a vehicle in an unsafe manner can result in a careless driving charge under section 154 of the Motor Vehicles Act. This could, for example, apply to a driver who allows a pet or personal grooming to interfere with his or her driving.

Question: Are professional drivers permitted to use cell phones while driving?

Answer:  No. Professional drivers—such as transport-truck drivers, cab drivers and school-bus drivers—are held to the same standards as are regular drivers - handheld cell phones and other electronic devices are banned while driving.

Question: What about the rules regarding two-way radios?

Answer:  VHF or Citizen Band (CB) radios (commonly known as two-way radios or walkie-talkies) that are mounted to the vehicle can be used while driving on any road. You may use a hand-held mike on a radio mounted to the vehicle. If the radio is not mounted to the vehicle, it is considered a portable radio. Portable radios are restricted the same as cell phones and are illegal to use while driving. (Note that these devices may be legally used in a hands-free mode, if available.)  An important exception is that portable, handheld two-way radios may be legally used while driving on winter roads as a safety measure to ensure drivers can communicate their position and road and weather conditions with other winter road users.

Question: Can I watch a movie while I’m driving?

Answer:   No. The distracted driving legislation and regulations specifically prohibits this practice.

Question: Can I listen to music on my portable music player or use my portable GPS navigation system?

Answer: If the device is not affixed to the vehicle, the device must be programmed in advance. If changes to the information are required, you must be legally and safely parked. You may not manually type or input information on a hand-held device anytime the vehicle is in traffic, including when the vehicle is stopped at an intersection.

Question: What are the rules for driving on winter roads?

Answer:  The use of portable (hand-held) two-way radios is permitted while driving on winter roads. However, a winter-road driver may not use a hand-held cell phone or any other restricted electronic device.

Question: What are the rules for drivers and operators in construction zones?

Answer:  Drivers or operators who are maintaining or constructing a road are exempt from all parts of the distracted-driving legislation while at the site of the work.

Question: What are the rules for drivers of escort vehicles—i.e., a vehicle that is escorting an over-dimension vehicle on one of our roads?

Answer:  Radio contact must be maintained between an escort vehicle and the vehicle under escort. Drivers may only use radios mounted on the vehicle or other hands-free devices for this purpose.