Kara Sears
Distracted driving is a serious issue in Ontario, Canada, and it has become one of the biggest concerns on the province's roads. In fact, it has surpassed impaired driving as the number one cause of accidents, with one person injured in a distracted driving collision every half hour. As a result, Ontario has strict laws and penalties in place to deter drivers from engaging in distracting activities while driving. These laws came into effect on September 1, 2015, and were most recently updated on January 1, 2019, to address the increasing use of smartphones.
| Characteristics | Values |
|---|---|
| Date of introduction | 1st September 2015 |
| What is considered distracted driving? | Using hand-held wireless communication devices, such as smartphones, iPods, iPads, tablets, DVD players, e-readers, etc. |
| What is not considered distracted driving? | Using hands-free devices, such as a Bluetooth device or a mounted GPS |
| What are the penalties for distracted driving? | A fine of $615, three demerit points, and a three-day licence suspension for a first conviction; a fine of up to $2,000, six demerit points, and a seven-day licence suspension for a second conviction; a fine of up to $3,000, six demerit points, and a 30-day licence suspension for third and subsequent convictions |
| What are the penalties for novice drivers? | A fine of up to $1,000 and a 30-day licence suspension for a first conviction; a fine of up to $2,000 and a 90-day licence suspension for a second conviction; a fine of up to $3,000, licence cancellation, and removal from the Graduated Licensing System for third and subsequent convictions |
What You'll Learn
What is considered distracted driving?
Distracted driving is a serious issue in Ontario, with the activity now surpassing impaired driving as the number one cause of accidents and the number one killer on the roads. In 2022, 105 people in Ontario died as a result of distracted drivers, and across Canada, 348 people lost their lives.
Distracted driving is defined as driving while participating in actions or activities that take your focus away from the road. This includes visual distractions, like taking your eyes off the road to use a GPS or look out the window, manual distractions, like holding your phone or eating, and cognitive distractions, like daydreaming or talking to passengers.
Ontario's distracted driving laws apply to the use of handheld communication and entertainment devices and certain display screens. The following activities are considered distracted driving:
- Holding a phone or mobile device while driving
- Using a smartphone to call, write a message, check a maps app, or adjust music
- Using a hand-held electronic entertainment device, such as a tablet or portable gaming console
- Viewing display screens unrelated to driving, such as watching a video
- Programming a GPS device, except by voice commands
- Eating, drinking, grooming, smoking, reading, and reaching for objects
It's important to note that you can still be charged with careless or dangerous driving if you engage in these activities, even if they are not specifically prohibited by Ontario's distracted driving law.
To avoid distracted driving, it is recommended that you turn off your phone or put it out of reach, review your route and program your GPS before starting your trip, and avoid eating or drinking while driving.
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What are the penalties for distracted driving?
Distracted driving is a serious issue in Ontario, surpassing impaired driving as the number one cause of accidents and road fatalities. To combat this, the province has introduced strict fines and penalties for those caught breaking the law.
The penalties for distracted driving in Ontario depend on the type of licence held by the driver and the number of convictions. For drivers with A to G licences, the penalties for a first conviction are a fine of $615 if settled out of court, a fine of up to $1,000 if taken to court, three demerit points, and a three-day licence suspension. For a second conviction, the fine increases to up to $2,000 if taken to court, and the licence suspension is extended to seven days. For a third or subsequent conviction, the fine rises to up to $3,000 if taken to court, and the licence suspension is extended to 30 days.
Novice drivers with G1, G2, M1, or M2 licences face the same fines as fully licensed drivers, but instead of demerit points, they receive longer suspensions. For a first conviction, novice drivers receive a 30-day licence suspension. A second conviction results in a 90-day suspension, while a third conviction leads to the cancellation of their licence and removal from the Graduated Licensing System.
If a driver endangers others due to any kind of distraction, they may be charged with Careless Driving under the Highway Traffic Act or Dangerous Driving under the Criminal Code of Canada, which carry heavier penalties. Careless driving convictions may result in fines of up to $2,000, a jail term of up to six months, and a licence suspension of up to two years. Dangerous driving convictions can lead to jail terms of up to 10 years for causing bodily harm or up to 14 years for causing death.
To avoid penalties, drivers should refrain from using hand-held devices while driving and follow safe driving practices to ensure their full attention is on the road.
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What are the exceptions to distracted driving laws?
Distracted driving is a serious issue in Ontario, causing countless accidents, injuries, and deaths. The laws regarding distracted driving in the province have changed over the years, with penalties becoming more severe with each conviction.
Ontario's distracted driving laws apply to the use of hand-held communication and entertainment devices, as well as certain display screens. While driving, it is illegal to use a phone or other hand-held wireless communication devices to text, dial, or email. Hand-held electronic entertainment devices, such as tablets or portable gaming consoles, are also prohibited. Display screens unrelated to driving, such as watching a video, are not allowed. GPS devices can only be programmed using voice commands.
However, there are some exceptions to these laws. Here are the situations in which a driver is permitted to use a hand-held device while driving:
- Calling Emergency Services: Drivers are allowed to use their devices to call 911 in an emergency.
- Lawfully Parked or Pulled Over: Hand-held devices can be used when the driver has safely pulled off the roadway and is stationary or lawfully parked without impeding traffic.
- Two-Way Radios: Transmitting or receiving voice communication on a two-way radio, CB, or mobile radio is permitted, as long as hand-mikes and portable radios have a lapel button or other hands-free accessory.
- Hands-Free Devices: Motorists are allowed to use wireless devices in a hands-free manner. This includes using a cell phone with an earpiece, headset, or Bluetooth device, as well as built-in display screens and other tools. However, actions like dialling or scrolling through contacts are not allowed.
- Mounted GPS: A GPS device can be used if it is securely mounted on the vehicle's dashboard or windshield and pre-programmed before starting the journey.
- Emergency Personnel: Emergency personnel, such as police, firefighters, and EMS, are exempt from the distracted driving laws and can use cell phones while driving.
- Commercial and Public Transit Drivers: Commercial and public transit drivers, as well as public service workers performing their duties, are allowed to view the display screens of mobile data terminals and logistical tracking and dispatching devices.
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How has distracted driving legislation changed over time?
Distracted driving legislation in Ontario has evolved over time to address the changing nature of vehicles and technology. The laws aim to reduce accidents, injuries, and deaths caused by distracted drivers. Here is an overview of how the legislation has changed:
2015
As of September 1, 2015, stricter fines and penalties were introduced for distracted driving convictions in Ontario. The focus was on prohibiting the use of hand-held wireless communication devices. At that time, the fine for distracted driving was set at $400, plus a victim surcharge and court fee, totalling $490 if settled out of court. If a summons was received or the ticket was fought in court and lost, the fine could increase up to $1,000. This applied to all classes of licences.
2018
In June 2018, the use of hand-held electronic devices while driving was banned in Ontario, with fines ranging from $490 to $1,000, along with demerit points.
2019
On January 1, 2019, Ontario's distracted driving laws were updated again, primarily targeting the use of smartphones while driving. The updated laws included more severe punishments for repeat offenders. The fines for distracted driving convictions were increased to $615, including a victim surcharge and court fee, if settled out of court. The fine could go up to $1,000 if a summons was received or the ticket was fought in court and lost. These fines applied to drivers with A to G licences. For novice drivers (G1, G2, M1, or M2 licences), the same fines applied, but instead of demerit points, they faced longer suspensions for each conviction.
Current Legislation
The current distracted driving laws in Ontario continue to focus on the use of hand-held devices and activities that take the driver's attention away from the road. It is illegal to use hand-held communication and electronic entertainment devices while driving, including smartphones, iPods, iPads, tablets, DVD players, and e-readers. Simply holding a phone or device while driving is prohibited. The set fine for distracted driving is $615, including the victim surcharge and court fees. For a first-time offence, drivers may face a fine of up to $1,000. If convicted, the driver will receive three demerit points and a three-day licence suspension. The penalties increase for subsequent convictions, with fines up to $3,000 and longer licence suspensions.
Additionally, certain hands-free devices, such as built-in display screens, GPS units, and Bluetooth integration, are permitted under the current legislation.
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How can I avoid distracted driving?
Distracted driving is a serious issue in Ontario, surpassing impaired driving as the number one cause of accidents and road fatalities. To avoid being part of this worrying trend, there are several steps you can take.
Firstly, put your phone away and turn it on silent. If you can, put it in the glove compartment or a bag in the back seat. If you need to make a call or send a text, carefully pull over to a safe area. You can also use apps that block incoming calls and texts or send automatic replies. If you have a passenger, ask them to take the call or respond to a text for you.
Before you set off, make sure you know your route and have pre-programmed your GPS. Also, make sure children and pets are secured safely, and that any loose objects are stowed away. It's a good idea to finish getting ready at home, so you can focus on the road.
While driving, always keep two hands on the wheel and avoid eating, drinking, grooming, or adjusting the radio or climate controls. Keep your eyes on the road and stay focused. If you need to, pull over to a safe place to take care of any distractions.
By following these steps, you can help make Ontario's roads safer and reduce the risk of accidents, injuries, and fatalities.
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Frequently asked questions
Distracted driving is the act of driving while participating in other things or activities that take a driver's attention away from the road. Mobile phones, texting, eating, talking with other passengers, and changing the radio or GPS are common distractions.
In Ontario, it is against the law to use hand-held communication and electronic entertainment devices while driving. This includes smartphones, iPods, iPads, tablets, DVD players, and e-readers. Even simply holding your phone or other devices while driving is against the law.
The penalties for distracted driving in Ontario depend on the type of license and the number of convictions. For a first conviction, a fully licensed driver will receive a fine of up to $1,000, three demerit points, and a three-day license suspension. For a second conviction, the fine increases to up to $2,000, six demerit points, and a seven-day license suspension. For a third and subsequent convictions, the fine can be up to $3,000, with six demerit points and a 30-day license suspension. Novice drivers face similar fines but longer license suspensions and no demerit points.
There are some exceptions to the distracted driving laws in Ontario. It is permitted to use your phone to call 911 in an emergency, use hands-free features or vehicle Bluetooth, use a collision avoidance system, use the ignition interlock, and use a mounted GPS screen.
To avoid distracted driving, it is recommended to turn off your phone or put it out of reach, have a passenger help with directions or music, know your route in advance, use a GPS device or app that can be set before starting your journey, and avoid eating or drinking while driving.
