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Distractive Driving Laws in Alberta

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  • 07 May 2015 12:02 PM
    Reply # 3335535 on 683083
    Deleted user

    Further to the conversation at the DX club meeting last night, I can understand why people are concerned about distracted driving laws and regulations. While Amateur Radio Operators were clearly exempt in the 2011 version of the Traffic Safety Act, no longer does this seem to be the case.

    From http://www.qp.alberta.ca/1266.cfm?page=T06.cfm&leg_type=Acts&isbncln=9780779738533 - Section 115 is the one that concerns me... here's why:


    Cellular telephones, electronic devices, etc.

    115.1(1) Subject to this section and the regulations made under

    section 115.5, no individual shall drive or operate a vehicle on a

    highway while at the same time

    (a) holding, viewing or manipulating a cellular telephone,

    radio communication device or other communication

    device that is capable of receiving or transmitting

    telephone communication, electronic data, electronic mail

    or text messages, or

    (b) holding, viewing or manipulating a hand-held electronic

    device or a wireless electronic device.

    (2) An individual may drive or operate a vehicle on a highway

    while using a cellular telephone or radio communication device in

    hands-free mode.

    (3) Subsection (1)(a) does not apply to

    (a) the use of a 2-way radio communication device, only for

    the purposes set out in the regulation, by an individual

    driving or operating an escort, pilot or trail vehicle who is

    required by regulation under this Act to maintain 2-way

    radio communication, or the use of a cellular telephone or

    other communication device by that individual for those

    purposes when 2-way radio communication is not

    functional or is unavailable,

    RSA 2000

    Section 115.2 Chapter T-6

    123

    TRAFFIC SAFETY ACT

    (b) the use of a 2-way radio communication device, only for

    the purpose of maintaining communication with the

    individual’s employer, by an individual driving or

    operating a vehicle who is required by the individual’s

    employer to maintain 2-way radio communication while

    the individual is acting within the scope of the

    individual’s employment, or the use of a cellular

    telephone or other communication device by that

    individual for that purpose when 2-way radio

    communication is not functional or is unavailable,

    (c) the use of a 2-way radio communication device, only for

    the purpose of participating in a search, rescue or

    emergency management situation, by an individual

    driving or operating a vehicle, or the use of a cellular

    telephone or other communication device by that

    individual for that purpose when 2-way radio

    communication is not functional or is unavailable, or

    (d) the use of a cellular telephone or other communication

    device, only for the purpose of contacting an emergency

    response unit, by an individual driving or operating a

    vehicle.

    (4) Subsection (1) does not apply to an individual driving or

    operating an emergency vehicle while the individual is acting

    within the scope of the individual’s employment.

    (5) Subsection (1) does not apply in respect of a vehicle that

    (a) is not on a highway, or

    (b) is parked in a manner specified in a regulation under this

    Act.

    2010 c23 s2


    From what I read and understand here, Amateur Radio Operators are no longer exempt unless it's a part of your job or you are contacting an emergency response unit.  I've checked the rest of the 2014 version (Current as of December 17, 2014) of the Traffic Safety Act and cannot find any mention of "exempt classes of individuals" or "Radiocommunication Act" mentioned in the 2011 version.


    Thoughts?

  • 23 Aug 2011 11:47 AM
    Message # 683083
    Robert (Administrator)
    post tips here
    Last modified: 02 Jun 2016 11:26 AM | Robert (Administrator)
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