As per MTO, please read below for information on exemptions of two-way radio use by road maintenance drivers.

Further literature can be found as attachments below.

1. 3-year exemption for two-way radio use – expires January 1, 2013

Ontario is granting a three-year exemption for the use of hand-held two-way radios for some commercial purposes, to allow for the development of a hands-free solution. This includes both mobile and CB radios. Hands-free technology is developing rapidly and this exemption period will provide sufficient time for the marketplace to deliver hands-free devices that reduce driver distraction. It also provides enough time for commercial operators to think about what two-way radio communications really need to occur while driving. MTO will continue to monitor developments in the technology and continue to work with stakeholders during this time to review the progress made towards a hands-free solution.

Commercial Vehicles: Drivers of ‘commercial vehicles’ within the definition of the Highway Traffic Act (HTA) may drive the vehicle while holding the microphone of a two-way radio. To qualify for this exemption the driver must be operating the vehicle within the Commercial Vehicle Operator’s Registration (CVOR) system and be carrying a CVOR certificate.

Road Maintenance: Section 11 of the regulation provides that drivers employed by or under contract to a ‘road authority’ (such as a municipality) may hold the microphone of a two-way radio while driving when they are engaged in road patrol, repair, maintenance or construction activities.


2. Exemption for Pressing Buttons

For commercial/maintenance drivers who do not qualify for one of the exemptions outlined above, section 14 of the regulation allows a driver to push and hold the button on a two-way radio (or push-to-talk device) to talk and release it to listen, repeating as often as necessary to conduct a conversation. The microphone must be secured in or mounted to the vehicle and within easy reach of the driver. It could be clipped to the driver’s belt or attached to his/her clothing. Similarly, the driver can push a button to answer, make or end a call on a cell phone, as long as the device is secured in or mounted to the vehicle. These alternatives to hand-held use will allow drivers to continue performing their duties in a safe and effective manner.