Since my comment has nothing to do with the other thread
:
Here's the Highway Traffic Act (Ontario) relevant section:Hand-held devices prohibited
Wireless communication devices
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2.
Entertainment devices
(2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle. 2009, c. 4, s. 2.
Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2.
Exceptions
(4) Subsection (1) does not apply to,
(a) the driver of an ambulance, fire department vehicle or police department vehicle;
(b) any other prescribed person or class of persons;
(c) a person holding or using a device prescribed for the purpose of this subsection; or
(d) a person engaged in a prescribed activity or in prescribed conditions or circumstances. 2009, c. 4, s. 2.
Same
(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services. 2009, c. 4, s. 2.
Same
(6) Subsections (1) and (2) do not apply if all of the following conditions are met:
1. The motor vehicle is off the roadway or is lawfully parked on the roadway.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic. 2009, c. 4, s. 2.
Regulations
(7) The Minister may make regulations,
(a) prescribing devices for the purpose of subsections (1) and (2);
(b) prescribing persons, classes of persons, devices, activities, conditions and circumstances for the purpose of subsection (4). 2009, c. 4, s. 2.
Definition
(8 ) In this section,
“motor vehicle” includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine. 2009, c. 4, s. 2.
The article needs to be amended slightly:
Distracted driving fines—which apply to the use of handheld devices while in a traffic lane
The issue is that you misunderstand "a traffic lane". The law states that it is for "a highway". While we all equate the 400-series highways as being a "highway", the truth is that any public road is a "highway" under the statute.
So to say "while in a traffic lane" is incorrect - if you pull over, but are still on a roadway, and your car is in "drive" (not "park"), you are still liable to receive the fine (and it has happened on many, many occasions now).
And note: you must be "lawfully" parked - so if you are in a parking spot, but technically over the lines, you're not lawfully parked