Amateur radio operators exempt from hands-free law

Eric Lai

SPECIAL TO THE STAR

Q: I’m an amateur radio operator who has a mobile transceiver. Ever since the distracted driving law was announced, Ontario amateurs and other two-way radio users have been concerned that we’ve been caught up in the same net as car-driving cellphone users — the intended targets of the act.

Ontario is the only jurisdiction in North America that has not permanently exempted amateur radio operators from its distracted driving legislation.

Could you please help to de-mystify the government’s position on mobile amateur radio operation?

A: Ontario Transportation Ministry spokesperson Bob Nichols replies:

Hand-held radio use is currently still permitted under the new distracted-driving law until Jan. 1, 2013. After that time, only hands-free use will be allowed. This includes both mobile and Citizens’ Band radios, and also applies to amateur radio operators.

Mobile amateur radio use may be exempted from distracted driving laws in other jurisdictions because their primary focus is cellphone use.

We understand that amateur radio operators provide valuable services during emergencies, such as power failures or severe weather, and that is why a three-year exemption exists, to allow for a hands-free solution to be developed.

There are currently no plans to extend the stated exemption period.

Q: My son lives in the United States but wants to leave his car here in Ontario as he returns frequently. Can you advise if there are any issues involved?

Would it be better if I buy the car from him, as being the father there’s no tax to be paid?

A: Ontario Transportation Ministry spokesperson Bob Nichols replies:

The Highway Traffic Act does not define residency. Vehicle registration requirements/exemptions for non-residents/new residents are stipulated in Section 15 HTA.

Individuals who operate motor vehicles on Ontario roads must determine whether they are residents of Ontario or not, because it is their duty to comply with the HTA and the privilege granted to non-residents is an exceptional one.

If your reader’s son is not an Ontario resident and the vehicle will be based and operated in the province by the son or another Ontario resident for more than 30 days in a calendar year, the vehicle must be registered and plated in Ontario.

If the vehicle is currently registered in the U.S., it must be imported into Canada (and applicable taxes/fees paid). A valid Ontario residential address is required on the registration permit, however, an out-of-country mailing address may be recorded. Proof of valid automobile insurance issued in Ontario is required if the vehicle will be plated here. A safety standards certificate and emissions pass report must be presented upon registration.

Eric Lai adds:

Residents of a foreign country may drive here with valid number plates from their home jurisdiction, provided they do not reside or carry on business in Ontario for more than three months in any one year. For residents of another Canadian province, the time span allowed is six consecutive months in each year.

If your son wishes to transfer ownership of the vehicle to you as a tax-free gift in order to simplify matters of registration, that’s his choice. However, the vehicle will then become yours in all aspects — not just “in name only” — which could be a trigger-point for future family disputes.

For example, it’s your responsibility as owner to obtain insurance and, if you son gets into an at-fault crash in that auto, it’s your insurance rating that will suffer and could result in skyrocketing premiums for all vehicles insured under your name.

Conversely, you have every legal right to prohibit him from using your vehicle or to sell your newly-acquired gift and pocket the proceeds.

You can send your non-mechanical questions to Eric Lai at wheels@thestar.ca. Include year, make, model and kilometres of autos cited, plus your name, address and telephone number. Personal replies cannot be handled due to volume.

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