What Is Distracted Driving?
Distracted driving is when someone is driving a vehicle and simultaneously participating in actions and activities that take their focus away from driving. There are laws in place to punish drivers for being distracted because studies show distracted drivers are far more likely to be in an accident and pose a safety hazard to people around them.
In Ontario, the laws regarding distracted driving have evolved as both vehicles and technology have changed. The most recent update to Ontario’s distracted driving laws came on January 1st, 2019, which we will discuss below.
What Are Ontario’s Distracted Driving Laws?
Ontario has pretty clear laws regarding distracted driving. If you want to know how you can avoid any tickets or fines, here is a list of activities that are considered ‘distractions’ to drivers in Ontario while they are behind the wheel:
- Using a smartphone to call someone, write a message, check a maps app, or adjust their music playlist — it is illegal just to be holding a phone while driving
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- Entering or adjusting a destination into a GPS device, except by voice commands
- Viewing display screens unrelated to driving, such as watching a video
- Using hand-held electronic entertainment devices, such as tablets or portable gaming consoles
It is worth noting that in Ontario you are considered to be a distracted driver and can be penalized even if you are stopped at a red light. You need to pull over and park in a safe area to perform any of the above activities to be considered safe. However, stopping on the shoulder of a 400-series highway in Ontario is prohibited and subject to a separate fine unless it is an emergency (vehicle breakdown, accident, health emergency, etc.).
What are considered exceptions to distracted driving activities?
While there is a general prescription for performing actions that take your focus off the road, especially when it comes to using a technological device, there are some exceptions to the laws that are allowed:
- Using your phone to call 911 because of an emergency
- Calling or texting people with a ‘hands-free’ feature or integration with your vehicle’s Bluetooth system
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- Using the display or touchscreen for a collision avoidance system, or for an instrument, gauge or system that shows you road and/or weather conditions
- Using the ignition interlock
- Using your vehicle’s audio screen that shows still images
- Using a GPS screen, it must be mounted to the dashboard or windshield
In general, you can use any sort of technological device in your vehicle without being considered distracted as long as it is hands-free. If you have to hold it in your hands or use your hands to operate it, it is considered a distraction.
Although some actions are not against Ontario’s distracted driving law, you can still be charged with careless or dangerous driving if caught eating, drinking, grooming, smoking, reading or reaching for objects while driving.
What is the new distracted driving law in Ontario starting in 2019?
As of January 1, 2019, there was an update to Ontario’s laws regarding distracted driving. Due to the increase in smartphone use, it was mainly used to crack down on holding or using your phone while driving. As a result, the updated laws include more severe punishments for distracted drivers, especially for repeat offenders.
What Are the Penalties for Distracted Driving in Ontario?
There are three types of financial or legal penalties you can face if caught or convicted of driving while distracted by any of the activities mentioned above. They depend on your license level and how reckless or dangerous your distracted driving is considered to be. Whether or not you caused an accident, injury or death is also a significant factor.
All the penalties mentioned below are updated according to the updates to the distracted driving laws and punishments that came on January 1, 2019.
Drivers with A to G licences
If you have an A, B, C, D, E, F, G and/or M licence, you’ll face bigger penalties when convicted of distracted driving:
- First conviction:
- a fine of $615, if settled out of court (includes a victim surcharge and the court fee)
- a fine of up to $1,000 if a summons is received or if you fight the ticket in court and lose
- three demerit points
- 3-day suspension
- Second conviction
- a fine of $615, if settled out of court (includes a victim surcharge and the court fee)
- a fine of up to $2,000 if a summons is received or if you fight the ticket in court and lose
- six demerit points
- 7-day suspension
- Third and any further conviction(s)
- a fine of $615, if settled out of court (includes a victim surcharge and the court fee)
- a fine of up to $3,000 if a summons is received or if you fight the ticket in court and lose
- six demerit points
- 30-day suspension
Novice drivers
If you hold a G1, G2, M1 or M2 licence, and are convicted of distracted driving, you’ll face the same fines as drivers with A to G licences. But you won’t receive any demerit points.
Instead of demerit points you’ll face longer suspensions:
- a 30-day licence suspension for a first conviction
- a 90-day licence suspension for a second conviction
- cancellation of your licence and removal from the Graduated Licensing System (GLS) for a third conviction
- to get your licence back you’d have to redo the GLS program
What are the penalties for careless or dangerous driving?
While you can receive a ticket or fine if you are caught driving while distracted, you can also be charged with more serious driving offences — careless or dangerous driving.
Careless driving is known as driving without due care and attention. It is a non-criminal offence under Ontario Highway Traffic Act. Although you will not receive a criminal record if found guilty, you can be fined if it was determined you were driving recklessly or in an unsafe manner because you were distracted by the activities above. You are more likely to receive this charge if you cause an accident due to the distractions. The fines and penalties are more serious:
- Fines — up to $2,000
- Demerit points — 6 points
- License suspension — up to 2 years
- Jail time — up to 6 months
Dangerous driving or reckless driving is known as driving in a manner that is hazardous to the public. It is a criminal offence in Ontario and carries the most severe penalties and punishments you can receive for driving while distracted. If your dangerous driving causes an accident resulting in someone’s death, the maximum sentence you can receive is 14 years in prison.
Does a distracted driving conviction affect my insurance rates?
The other way that you can be penalized for receiving a conviction is how it affects your car insurance rates. . Insurance companies may handle a conviction differently but will likely increase their rates.
This is because distracted driving is considered a major driving conviction and signals very dangerous behaviour for a driver. According to Ontario’s statistics since 2013, a driver using their phone is four times more likely to be in an accident. In fact, distracted driving is arguably only behind drinking and driving for dangerous behaviours that can lead to serious accidents, injuries and deaths.
. Over the last few years, deaths related to distracted driving have increased by 36% in Ontario. In 2022, 105 people were killed in collisions due to distracted driving. After speeding, distracted driving is the second biggest cause of driving-related deaths in Ontario.
Why Distracted Driving Is So Dangerous
In recent years, a lot of time and resources have been put into researching and raising awareness about how and why distracted driving is so dangerous. Here are some of the facts and statistics to drive home why you should avoid all diversions when driving your vehicle.
From the Canadian Automobile Association (CAA):
- every 5 seconds you’re looking at your phone to read or text while driving on a 400 series highway, you are driving the distance of a football field blindfolded
- Mobile phone use while driving leads to 1.6 million crashes annually
- Distracted drivers are 8 times more likely to be in a crash/near crash event compared to non-distracted drivers
- Distracted drivers are 4 times more likely to get in an accident when talking on the phone while driving
- Distracted driving fatalities have surpassed those caused by impaired driving in some parts of Canada
While cell phone-related distractions have been the focal point for all the recent attention on distracted driving, it is worth noting that other forms of distractions are common, and possibly just as dangerous. Here are some of the activities Canadians participated in while driving:
- 75% eat or drink coffee/water
- 64% look at and talk to a passenger
- 44% reach for an object
- 53% check messages when stopped at a traffic light
- 50% use GPS on a hand-held device
- 44% make phone calls on a hand-held device
- 33% watch a video on a hand-held device
- 27% take a video on a hand-held device (for blogging, TikTok, etc.)
Any activities that take your focus away from driving can increase the chances you are in an accident. The worst distractions are the ones that cause you to take your eyes off of the road and your surroundings, such as putting on or taking off clothing.
Did You Know?
It’s impossible to know if distracted driving leads to an accident, so it is widely assumed that the number of accidents, injuries and deaths in which distracted driving was a factor is much higher than is reported in current studies.
How Can I Avoid Distracted Driving?
If you want to figure out ways to avoid driving while distracted, there are several tips highly recommended by the Government of Ontario and other safe driving experts. Part of the reason distracted driving activities have become so commonplace is the perception of necessity — you feel you have to look at your phone to check your GPS route, text your friend, or adjust the volume on the music app.
That’s why the best way to avoid distracted driving is with planning and preparation:
- Turn off your phone, turn it onto silent, or stow it somewhere out of reach
- Have a passenger check the GPS or maps app for directions, adjust music volume, and so on
- Know what the route to your destination is ahead of time
- Get a GPS device or use an app that you can set before starting your car, enter your destination, and read out the instructions, so you don’t have to look at it
- Keep your vehicle clean and put away anything that might shift around and distract you
- Get a chord or sync your phone to your car’s sound system to play your music, so you can more easily reach the dials in your car’s console
- Eat your food at home or a restaurant before driving
- Get up earlier in the morning to do your makeup, fix your hair, or put on clothing
It is always best to do everything you can to maintain focusing on driving the only activity you participate in until you reach your destination.
Useful Tip!
You can buy several storage accessories, such as hooks, bins, and pockets that hang from a headrest or are secured to something in your car to prevent things from sliding or bouncing around. You can also buy special covers that seal the gap between your seat and the console, that way nothing can fall into the gap and tempt you into rummaging for it while you’re driving.
Summary
Distracted driving is becoming an increasingly important issue in Ontario, so the government has recently increased the legal punishments for people who are caught driving while distracted. This is because of new statistics showing just how dangerous distracted driving is and how many car accidents, injuries and deaths are directly caused by distracted drivers. If you want to avoid fines, demerit points and license suspensions, it’s best to plan your trips and your time and put away your phone and objects where you can’t reach them.
You might also be interested in these guides:
What To Do if You Are In an Accident
Guide to Car Insurance in Ontario
Guide to Ontario Driver’s Licenses & Driving in Ontario
How to Renew or Replace Your Driver’s License in Ontario
