The B.C. government has introduced legislation to ban B.C. drivers from chatting on cellphones while they're behind the wheel.

Six other provinces already have such legislation in place.

The B.C. government promised in its throne speech last August to restrict cellphone use while driving to create a safer driving and pedestrian environment across the province.

Solicitor General Kash Heed said Wednesday that the Motor Vehicle Amendment Act changes to crack down on cellphone use will save lives.

"We have all seen near misses on the road because drivers were not paying attention," Heed told the legislature. "And some of us have seen the devastating consequences of driver distraction."

If passed, the changes to the Motor Vehicle Act will take effect on Jan. 1, 2010. At that point, only hands-free cellphones and devices that require one touch to activate will be permitted.

A new fine of $167 can be handed out as of Feb. 1, 2010. If drivers are caught texting or emailing they will also receive three penalty points on their driving record.

New drivers in the province's graduated licensing program are not permitted to use hands-free phones and will receive the $167 fine and three penalty points for any violation of the amended legislation.

The B.C. Association of Chiefs of Police passed a resolution earlier this year asking for a total ban on cellphone use by drivers, even with hands-free devices.

The Ministry of Public Safety and Solicitor General said independent research concludes that cellphone use while driving is the top cause of distracted driving.

On average, about 117 people die each year in British Columbia and 1,400 are sent to hospital because of distraction behind the wheel said the ministry.