Quebec drivers using hand held cellphones face fines and demerit points
Source: The Canadian Press

MONTREAL - A three-month grace period for Quebec motorists who have been using hand-held cellphones while driving has passed and police will start applying the law on Tuesday.

"The fine, including administration charges, will amount to $115," provincial police spokesman Marc Butz said Monday.

Drivers will also be hit with three demerit points.

The penalties will apply even if the drivers are not talking but are spotted with a cellphone in their hands.

The law covers any device that can be used as a cellular telephone such as a BlackBerry.

"If a person is seen with a phone, he will be intercepted and will face a fine," Butz added.

"You have to have a hands-free system where you don't have to touch the phone while talking."

A Montreal taxi driver who wanted to be identified only as Sam, believes the law is too harsh.

"For a fine, it's OK, but I don't agree with the demerit points," he said.

The 56-year-old cabbie, who has used a hands-free device for two years, says they're a good idea because they can help reduce accidents.

Quebec is just the latest province to introduce such legislation.

Nova Scotia has outlawed the use of hand-held cellphones since April 1. Penalties, including court costs, are just under $165 for a first offence.

Newfoundland and Labrador was the first Canadian province to enact a cellphone law, in 2003, and fines can be as high as $400, plus demerit points.

Ontario is considering legislation to stop drivers from using cellphones, BlackBerries and all other electronic devices while behind the wheel.

Premier Dalton McGuinty has asked his transportation minister to consider legislation, saying he is open to a ban on cellphones and any other electronic devices that can take a driver's eyes off the road.

A private member's bill to ban hand-held cellphones by drivers was also introduced in the Alberta legislature but Premier Ed Stelmach has spoken out against it.

Back in Montreal, Denis Lamarche, a courier for the past 20 years, says his company supplied its drivers with hands-free units three months ago when the Quebec law was first announced.

He also says he supports the fine for people using hand-held cellphones while driving.

"Often we see people with a cellphone in their hands who have no idea where they're going," Lamarche said in an interview.

While he has second thoughts about the demerit points, Lamarche agrees it may help discourage drivers who earn a lot of money and don't worry about having to pay a fine.

Jack Smith, president of the Canada Safety Council, says there's no reason for anyone to get fined considering there was a three-month grace period.

"At some point, something has to be done to focus the attention of the driver back on the driving task," he said in an interview.

"Getting rid of the hand-held phone is a step in the right direction because the technology is there and I think we should use it.

"If you get a call and you really want to answer it, pull off to the side of the road and find a parking spot somewhere."