P.O.

Box 9634, Station T

Ottawa, Ontario K1G 6H5
Tel.: (613) 236-1222

March 9, 2015

C.P. 9634, Succursale T

Ottawa (Ontario) K1G 6H5
Tl.: (613) 236-1222

ottawapolice.ca

Members of the Committee,

My name is Sgt Mark Gatien of the Ottawa Police Service; I have been a Police Officer for
the past 30 years. I am very pleased to be an Enforcement Officer in these times of
change, making our roads a safer place to be as a result of changes being brought forward
in Bill 31.
I would like to bring to the committees attention the wording of the present cell phone
section, in that it reads No person shall drive a Motor Vehicle on a highway, I would
propose the wording be changed to say Vehicle rather than Motor Vehicle. With this
small change, it would encompass Bicycles and Implements Of Husbandry (mainly back
hoes and front end loaders). Our hands are presently tied with cell phone infractions being
committed on Bicycles and Backhoes etc. using our roadways. There have been countless
complaints to the Police via social media about the use of phones with these methods of
transportation, and with the present wordings our hands are tied for enforcement efforts.
In addition, section 73 (3) that relates to color coating obscure interior, has not been
revised to keep up with technology since 1990. The present wording is very open for
interpretation and the subjectivity of an officers observations, hence is not getting
convictions in court, if in fact the Justices will entertain the charge due to the vague
wordings. I would respectfully propose the introduction of Photometric Meters to the
Police Services and an addition to Sec 73 to allow the use of said meters for enforcement
efforts. From the factory the current automotive Standard allows the vehicle
manufacturer to tint the drivers compartment up to 30%. Anything added by the vehicles
owner, further obstructs the view of the interior making it pretty much impossible for
pedestrians to make eye contact with the driver prior to stepping off the sidewalk to cross
the road safely. Also, drivers are tinting windows in order to conceal their cell phone use
while driving, not to mention the safety risk to Officers approaching a blacked out drivers
compartment. A Photometric meter (tint meter) costs $80.00 and is presently being used
by the province of Quebec as an enforcement tool as well as a number of U.S. states. In

mirroring Quebecs existing law, any reading under 70% light transmission would be
subject to a fine thereby removing any question or subjectivity as to the level of tint a
window may have.
Over the past number of years, I have traveled across Ontario for various events and
spoken to a number of Officers, who concur that these small changes and the addition
thereof would greatly affect the safety of Ontarios Motoring public as well as the Officers
that protect our streets and roads.
I would be honored to assist in any way I can to bring these changes forward.
Respectfully submitted,

Sgt Mark Gatien

Ottawa Police Service
Traffic Enforcement and Escort Division