It's now punishable with a $500 fine, but during rush hour in Hamilton yesterday almost one driver per minute was spotted using a hand-held device.

Between 7.45 and 8.45 a.m., a visual survey of traffic approaching Spurling Hill came up with a total of 54 motorists — 52 of whom were talking on phones.

July amendments to the Traffic Offences Procedure Act of 1974 make it illegal to use "distracting devices" such as BlackBerrys and car TVs while driving.

As the traffic ground along East Broadway, the change in legislation was not much in evidence.

Car drivers comprised the bulk of offenders — 34 — with roughly equal numbers of men and women.

Phone-using commercial van drivers, all of them male, counted for ten. Another van driver coming into Hamilton could be seen studying a laptop computer.

Five truck drivers, plus one eight-wheel container truck driver, were using cell phones.

Only two motorcyclists could be seen breaking the law: one adjusting an iPod and one apparently reading a phone text while driving.

Ten drivers were also counted drinking coffee at the wheel.

Many drivers, whether yawning, checking their hair or leaning on one arm, gave the appearance of using phones but were not.

And, given the early hour and the monotony of traffic, not all Hamilton commuters looked to be in peak form.

Only motorists holding devices were counted. Several "hands-free" users appeared to go by.

A similar check of evening commuters by this newspaper in July found 55 distracted drivers over a 30-minute span.

A Police spokesman was yesterday unable to say how many persons had been arrested under the new legislations.