lawyer

#Distracted Driving

In Ontario, it is illegal for drivers to talk, text, type, dial or email using hand-held cell phones and other hand-held communications and entertainment devices. Find out the risks of distracted driving, which devices you can and can't use and the penalties you could incur.

Risks of distracted driving

Good drivers keep their hands on the wheel and their eyes on the road. Research shows that drivers who use cell phones are four times more likely to be in a collision than drivers who focus on the road. And when drivers take their eyes off the road for more than two seconds, their crash risk doubles.

Ontario's distracted driving law

In Ontario, it's against the law to:

• operate hand-held communication and electronic entertainment devices while you're driving
• view display screens unrelated to your driving

Examples of hand-held devices include:

• iPods
• GPS and MP3 players
• cell phones
• smart phones
• laptops
• DVD players

What's hands-free?

Any device that you do not touch, hold or manipulate while driving, other than to activate or deactivate it. For example, actions such as dialing or scrolling through contacts, or manually programming a GPS device are not allowed.

Fines

If you break this law, you could receive:

• a fine of $225, plus a victim surcharge and court fee, for a total of $280 if settled out of court
• a fine of up to $500 if you receive a summons or fight your ticket

You will not lose any demerit points and police do not confiscate any hand-held devices you were using when caught breaking the law.

If you endanger others because of any distraction, including both hand-held and hands-free devices, you can also be charged with careless driving. If convicted, you will automatically receive:

• six demerit points
• fines up to $2,000 and/or
• a jail term of six months
• up to two-year licence suspension

You can even be charged with dangerous driving (a criminal offence), with jail terms of up to five years.

Exemptions

You can still use hand-held devices while driving in a few cases:

• in a vehicle pulled off the roadway or lawfully parked
• to make a 911 call
• transmitting or receiving voice communication on a two-way, CB or mobile radio (hand-mikes and portable radios like walkie-talkies require a lapel button or other hands-free accessory)

Police, emergency medical services personnel, firefighters and enforcement officers can also use hand-held devices and viewing display screens when performing their duties.

Check the list below to find out if you can use your electronic device while driving: