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Motor Vehicle Act (amended)

BILL NO. 13

(as introduced)

3rd Session, 58th General Assembly
Nova Scotia
52 Elizabeth II, 2003



Private Member's Bill



Motor Vehicle Act (amended)



Jerry Pye
Dartmouth North



First Reading: March 31, 2003

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill prohibits the use of a cellular telephone by any person while operating a motor vehicle. Exceptions to the prohibition are set out respecting emergency situations. As well, this Bill requires the Minister of Transportation and Public Works to undertake a review within one year of whether hands-free use of a cellular telephone while operating a motor vehicle should be permitted.

An Act to Amend Chapter 293
of the Revised Statutes, 1989,
the Motor Vehicle Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding immediately after Section 184 the following Section:

184A (1) In this Section, "cellular telephone" includes a personal communications service (PCS) telephone.

(2) No person shall use a cellular telephone while driving a motor vehicle on a highway.

(3) Subsection (2) does not apply to

(a) a person reporting an emergency if it is not practical or safe to stop or park the motor vehicle before reporting the emergency;

(b) police or fire department vehicles or ambulances;

(c) hands-free use of a cellular telephone; or

(d) such other use of a cellular telephone as the Governor in Council may prescribe by regulation.

(4) The Governor in Council may make regulations prescribing uses of cellular telephones to which subsection (2) does not apply.

(5) The exercise of the authority contained in subsection (4) is regulations within the meaning of the Regulations Act.

(6) Every person who contravenes a provision of this Section is guilty of an offence and liable on summary conviction to the penalties provided for a category A offence in the Summary Proceedings Act.

2 The POINT SYSTEM TABLE in subsection 282(2) of Chapter 293, as amended by Chapter 24 of the Acts of 1994, is further amended by adding "184A(2)," immediately after "178" in 13.

3 Within one year of this Act receiving Royal Assent, the Minister of Transportation and Public Works shall undertake a review of Section 184A of the Motor Vehicle Act to determine whether hands-free use of a cellular or personal communications service telephone by a person while driving a motor vehicle on a highway should be permitted.


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2003 Crown in right of Nova Scotia. Updated April 1, 2003. Send comments to legc.office@novascotia.ca.