New cellphone, smoking rules for vehicles
Posted By Const. Shawn Smith, Portage RCMP
Posted 16 days ago
The cellphone and smoking in vehicles legislation is coming into effect soon. MPI has provided some information on this. These new sections have been enacted, but have not yet been proclaimed. This means they are technically law, but not enforceable yet. With regards to the cellphone law the government wants the first year to be educational and only written warnings issued. Likely the same will be true for the smoking laws.
Police forces throughout Manitoba will issue written warnings now to educate people. There is a website the general public can access which will provide further information on these new Acts. The web sight is as follows web2.gov.mb.ca/laws/statutes/2009/c00609e.php#
Smoking
• Nobody can smoke in a motor vehicle with children under 16 years old present
• No youth under 16 years of age can smoke in a car even if they are alone in the car
• These sections apply even if windows are down, doors are open, etc.
Hand-operated electronic devices
• Includes: cellphones and other electronic devices that include telephone functions and are normally held in the hand; an electronic device that can transmit or receive e-mails or text messages and is normally held in the hand;
• "Use" means to hold the device in a position in which it may be used; operating any of the device's functions; communicating by means of the device with another person or another device by spoken word or otherwise (texting);and/or looking at the device's display
• Hands-free device may be used
• People can use the device if the vehicle is pulled off the roadway and stopped
• Exception if calling/talking to police, fire or ambulance workers
• Does not apply to police officers, EMS members or firefighters.
Make sure you have a Bluetooth device.
Other interesting things that happened this week:
On Nov. 2 at about 1:30 a.m., a Portage la Prairie RCMP member was patrolling the Trans-Canada Highway near Angle Road in Portage, when a 1996 Ford Windstar van from British Columbia was observed travelling westbound. RCMP noted the vehicle was missing the rear bumper and a tie-down strap was hanging out the back of the van. The vehicle was stopped for the equipment violation when police were able to observe a large quantity of cigarettes in the rear of the vehicle.
The driver of the vehicle was arrested under the Federal Excise Act and the vehicle was searched resulting in the seizure of 600 cartons totalling 120,000 cigarettes. The street value of the contraband cigarettes is estimated at $24,000.
The driver, a 31-year-old male residing in British Columbia, was released on a promise to appear for Dec. 10, in provincial court in Winnipeg. Charges are pending under the Federal Excise act and the Provincial Manitoba Tobacco Tax Act. In this matter, a tax penalties totaling $66,600 could also be assessed. Provincial taxes avoided amount to $22,200. Portage RCMP's investigation is continuing with the assistance of the RCMP Customs and Excise Section.
If you have any information on contraband tobacco, you are urged to contact your local RCMP detachment or Manitoba Crime Stoppers by calling 1-800-222-TIPS (8477).
Have a safe week!
— Const. Shawn Smith
Portage RCMP
