Cellphones while driving

I thought that I'd take a look at the amendments to the Highway Traffic Act which come into effect on October 26, 2009. Here are the common exceptions to the general ban on using cellphones while driving.

The various exceptions include:

- GPS devices, while in use (s. 78(2)(a)) (which are, presumably, an accessory on many new PDAs);

- devices which are in hands-free mode (whatever that means) (s. 78.1(3));

- arguably mounted phones with a speaker phone capability (O. Reg. 366/09, s. 14(1)); and

- phone which employ blue tooth type earpieces (O. Reg. 366/09, s. 14(2)).

I wonder when the police will begin random vehicle stops on the pretext that they suspect that a cell phone is being improperly used. 

Cell phone use does not appear to fall in the Ladouceur justifications for random vehicle stops. 

Therefore, do the police require RPG to stop and search a vehicle for the potential use of cell phones?

Before they can have RPG, do they have to satisfy themselves that an ear piece or speaker phone isn't being used? 

Can they seize and go through cellphones in order to preserve evidence of the HTA violation?
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777