Alberta's transportation minister admits the proposed distracted driving legislation may not be directly enforced.

This comes just a day after the province disclosed details of what it calls some of the most comprehensive distracted driving legislation in Canada banning the use of hand-held cellphones, text messaging, reading, writing, personal grooming, and puts restrictions on using other electronic devices while driving.

Currently, police can only charge a motorist if their distractions cause them to drive dangerously, or causes a crash.

Bill 16 proposes to give law enforcement the power to pull over and ticket drivers for just seeing them using their phones, or are otherwise 'distracted'. But the transportation minister now says that may not actually happen should this bill pass.

"The enforcement might only come -- even when there is another infraction that's seen and then they see they were distracted with something," said Transportation Minister Luke Ouellette.

On Thursday, CTV cameras caught two Conservative MLAs talking on their cellphones while driving. And while the action is not currently illegal, both admit their mistake.

"Normally I do wear my earpiece or pull over. I did not do that on this occasion, but I will in the future," said MLA for Calgary-Lougheed Dave Rodney.

MLA for Edmonton-Manning Peter Sandhu offered up a similar explanation.

"Well I'm gonna change, I got to start change, I changed since this morning," he said.

Premier Ed Stelmach was quick to deflect questions about the two MLAs seen talking on their cellphones.

"There is no law. This is just an introduction of a piece of legislation," he said.

Meantime, the transportation minister feels MLAs should be practicing what it is being preached.

"They shouldn't be doing it. They should lead by example," said Ouellette.

The minister tells CTV News he will now be advising all Tory MLAs to begin following the proposed rules immediatley.

If passed, the legislation comes with a hefty fine of $172. It is expected to be debated in the fall.

With files from Bill Fortier