Cell Phone Tickets – Distracted Driving

Driver must not hold or operate a cellular phone or other electronic device while operating a motor vehicle.

Distracted Driving – Highway Traffic Act s.78.1

Distracted Driving in Ontario: Understanding Penalties, License Impacts, and Insurance Consequences

Associated charges: Careless Driving | Dangerous Driving | Stunt Driving

About

In Ontario, distracted driving is defined as engaging in activities that divert a driver’s attention away from the primary task of driving.

This includes using handheld communication and entertainment devices, eating, reading, or any other activity that takes one’s focus off the road, including:

  • Mobile Devices: The most common source of distraction, including texting, calling, or using apps.
  • Other Passengers: Interactions with passengers can divert attention.
  • Eating and Drinking: Activities that require taking hands off the wheel.
  • Adjusting Vehicle Controls: Using navigation systems, changing music, or climate controls.
  • External Distractions: Events outside the vehicle that draw the driver’s attention away.

These distractions highlight the need for constant vigilance and responsible driving habits to ensure road safety.

Distracted Driving: Electronic Device Usage While Driving

In Ontario, the law strictly prohibits the use of certain electronic devices while driving to ensure road safety.

This includes devices such as cell phones, DVD players, and GPS devices. The law forbids drivers while operating a motor vehicle on the roadway whether or not its in motion from holding these devices in any manner.

  • Exemptions: However, the law does provide certain exemptions for specific situations. Drivers are allowed to use their mobile communication devices in the case of an emergency to call 911. Additionally, the use of such devices is permissible when the vehicle is legally parked off the roadway, ensuring that the driver’s attention is not divided while the vehicle is in motion.
  • Use of mounted devices: There are also guidelines for the acceptable use of mounted devices. Drivers can use phones or GPS devices if they are securely attached to the vehicle. The key stipulation here is that these devices must not be held in the driver’s hands while the vehicle is being operated. This provision allows for the safe use of technology for navigation or communication purposes, provided that it does not interfere with the driver’s control and attention to the road.

The penalties for violating these laws depend on the type of driver’s license the individual holds, reflecting the varying degrees of responsibility and experience among drivers. Additionally, individuals found violating these rules can also face charges related to careless driving, indicating the seriousness with which Ontario treats the issue of distracted driving.



Distracted Driving: Penalties

The penalties for distracted driving in Ontario, particularly for using handheld communication devices, are structured to escalate with repeat offenses, reflecting the seriousness of the violation. Here’s a brief overview:

  • First Conviction: Involves a fine of $615 to $1,000, 3 demerit points, and a 3-day suspension.
  • Second Conviction: The fine increases to up to $2,000, along with 6 demerit points, and a 7-day suspension.
  • Third and Subsequent Convictions: The fines can reach up to $3,000, with 6 demerit points and a 30-day suspension.

These penalties demonstrate Ontario’s commitment to road safety and the risks associated with distracted driving.

Licence Suspensions

In Ontario, drivers convicted of  distracted driving will have their driver’s license suspended. The length of the suspension varies depending on the driver’s license type and number of offenses. Here’s a breakdown:

  • Experienced Drivers (A to G Licences):
    • First Conviction: 3-day license suspension.
    • Second Conviction: 7-day license suspension.
    • Third and Subsequent Convictions: 30-day license suspension.
  • Novice Drivers (G1, G2, M1, M2 Licences):
    • First Conviction: 30-day license suspension.
    • Second Conviction: 90-day license suspension.
    • Third Conviction: Cancellation of the license and removal from the Graduated Licensing System.




All drivers must pay a reinstatement fee of $281 after the suspension period. These measures demonstrate Ontario’s serious stance on road safety, emphasizing the importance of attentive driving and the significant consequences of distracted driving offenses.”

Insurance Rate Implications

In Ontario, when a driver is convicted of a cell phone/distracted driving, the repercussions extend to their driving record and insurance.

This conviction is noted on their driving record for three years and influences their insurance in several ways:

  • Conviction Recorded: The driver’s conviction is registered on the driving abstract.
  • License Suspension: Any license suspension, it’s also registered on the driving abstract.
  • High-Risk Classification: Your driving record now has 2 convictions both serious that will impact the insurance rates for 3 years.

These factors combined can lead to significant changes in insurance rates. Although demerit points from the conviction don’t directly impact insurance, the recorded conviction and any license suspension are critical factors that insurers consider, potentially leading to higher premiums for the duration they remain on the record. This highlights the far-reaching implications of cell phone violations beyond immediate fines and penalties.



Legal Definition

Hand-held devices prohibited – Highway Traffic Act section 78.1

Wireless communication devices

78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages.

Entertainment devices

(2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle.

Hands-free mode allowed

(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode.

Exceptions

(4) Subsection (1) does not apply to,

(a) the driver of an ambulance, fire department vehicle or police department vehicle;

(b) any other prescribed person or class of persons;

(c) a person holding or using a device prescribed for the purpose of this subsection; or

(d) a person engaged in a prescribed activity or in prescribed conditions or circumstances.

Same
(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services.

Same
(6) Subsections (1) and (2) do not apply if all of the following conditions are met:

1. The motor vehicle is off the roadway or is lawfully parked on the roadway.

2. The motor vehicle is not in motion.

3. The motor vehicle is not impeding traffic.

Penalty

(6.1) Every person who contravenes this section is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $500 and not more than $1,000;

(b) for a first subsequent offence, to a fine of not less than $500 and not more than $2,000; and

(c) for a second subsequent or an additional subsequent offence, to a fine of not less than $500 and not more than $3,000.

Same

(6.2) If a person is convicted of an offence under this section, the Registrar shall suspend his or her driver’s licence,

(a) for a first offence, for three days;

(b) for a first subsequent offence, for seven days; and

(c) for a second subsequent or an additional subsequent offence, for 30 days.

Same

(6.3) An offence under this section committed more than five years after a previous conviction for an offence under this section is not a subsequent offence for the purposes of subsection (6.1) or (6.2).

Regulations

(7) The Minister may make regulations,

(a) prescribing devices for the purpose of subsections (1) and (2);

(b) prescribing persons, classes of persons, devices, activities, conditions and circumstances for the purpose of subsection (4).
Definition

(8) In this section,

“motor vehicle” includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine.


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