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Hand-Held Devices/Distracted Drive
Definition and Legal Framework
Distracted driving in Ontario is defined under the Highway Traffic Act sections 78.1(1) and (2). It prohibits anyone from driving on highways while holding or using devices such as smartphones, tablets, or any handheld wireless communication devices. These devices are restricted because they can divert a driver's attention from the road, increasing the risk of accidents and reducing road safety.
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Prohibited Actions
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Mobile Devices: It is illegal to hold or use smartphones, tablets, or other handheld devices for calling, texting, emailing, or social media browsing while driving.
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Entertainment Devices: The use of handheld electronic entertainment devices, such as portable gaming consoles or tablets for video playback, is also forbidden.
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Note: These restrictions apply even when stopped in traffic or at a traffic light.
Permissible Actions
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Hands-free Usage: Drivers are allowed to use the aforementioned devices in hands-free mode. This includes the use of voice commands, Bluetooth, or other hands-free technology to make calls or use navigation without physically handling the devices.
Exceptions to the Rule
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Emergency Calls: The only time handheld devices may be used is for emergency calls to 911.
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Stationary Use: To make calls, send texts, set your GPS, or use your tablet, you must park your vehicle in a safe location first.
​Non-Covered Actions
While not covered by distracted driving laws, actions such as eating, drinking, smoking, or applying makeup while driving are considered careless and potentially dangerous driving behaviors.
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Legal Classification
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Distracted driving in Ontario is classified as a provincial offence, not a criminal offence. It is regulated under sections 78.1(1), (2), and (3) of the Highway Traffic Act, involving penalties for using handheld communication devices while driving.
Penalties for Handheld Device Use
Penalties vary based on the number of convictions:
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Demerit Points: 3 points for the first conviction, and 6 for subsequent convictions.
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Fines: Ranging from a minimum of $615 to $3,000 depending on the number of offenses.
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License Suspension: Ranges from 3 days to 30 days, based on the frequency of offenses.
Special Considerations for Novice Drivers
For novice drivers (holders of G1, G2, M1, or M2 licenses), the penalties include:
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No Demerit Points: No demerit points are assigned, but license suspensions are more severe.
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License Suspension: 30 days for the first conviction, 90 days for the second.
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Financial Penalties: A minimum fine of $615, including victim surcharge and court fee.
Insurance rates may increase with a record of distracted driving, and the conviction remains on your record indefinitely. Fighting a distracted driving ticket is challenging due to strict government regulations and the low likelihood of having charges reduced.
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