A Guide to Ontario’s Distracted Driving Laws

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Article Contents
Picture of By <span>Aren Mirzaian</span>
By Aren Mirzaian

Updated on September 11, 2024

Visit author page
Picture of By <span>Aren Mirzaian</span>
By Aren Mirzaian

Updated September 11, 2024

Visit author page

4 minute read

Article Contents

Distracted driving can be dangerous to everyone involved – so Ontario’s local laws prohibit talking on the phone, texting, typing, or writing emails while driving to avoid any untoward accidents. But what happens if you’re found texting on the road, or if there’s an emergency and you need to use your phone? Luckily, it can be highly situational.

Ontario’s Distracted Driving Laws at a Glance

  • The regulation and specification of driving-related offenses is detailed in Ontario’s Highway Traffic Act
  • Distracted driving is one of the leading causes of road accidents and fatalities 
  • Penalties for distracted driving become more severe for repeat offenders 

But beyond this, there is so much to know about what counts as distracted driving and when you’re actually allowed to legally use your phone on the road. Together, let’s dive into the specifics of Ontario’s do’s and don’ts on the road. 

Ontario's Distracted Driving Laws

What Qualifies as Distracted Driving?

According to Ontario’s Highway Traffic Act (HTA) Reg. 78.1(1), here’s what counts as distracted driving:

Hands off the wheel:

If it takes your hands off the wheel, it’s counted as a distracting activity. This can mean eating or drinking, but also includes gadget-related behavior. Specifically, using any handheld electronic or communication devices while you’re driving (ex. Phones, MP3 players, handheld GPS devices, Laptops, compact DVD players all count. 

Eyes off the road:

This includes anything that would take your eyes off the road, such as looking at any screens that don’t assist with driving. 

Mind off the task:

Any mental distraction that pulls your focus away from driving can be a cause for concern. This can be as small as an interesting podcast you’re listening to, or as severe as driving while impaired (like after drinking alcohol). 

With all of this in mind, texting on the road is considered one of the biggest issues because it covers all three types of distractions: with your hands on the phone, eyes on the screen, and mind busy crafting a response or choosing the right emoji. 

What Doesn’t Count as Distracted Driving?

Not every instance of using a device on the road will get you in trouble. In fact, there are situations where it can help you and everyone around you. Here’s when you’re allowed to interact with phones or screens while on the road. 

Calling Emergency Services

Earlier, we touched on having to use your phone during an emergency. Luckily for you (and the people around you), this doesn’t count as distracted driving. So if you ever find yourself in or around an emergency on the road, don’t hesitate to call for help.

A note for drivers, however: the Ministry of Transportation cautions against stopping on a 400-series highway, even at a shoulder, if the situation isn’t extremely pressing. Instead, we recommend exiting the freeway first and stopping at a parking lot, service center, or any place that won’t cause any traffic issues before making the call. 

Reporting Erratic Drivers

But beyond calling the police or emergency services like an ambulance or fire station, there’s one more situation when you’re allowed to use your phone. If another driver is driving dangerously, like swerving between lanes or acting erratically, you can pull over (safely) and turn your hazard lights on before calling the police. 

If you ever find yourself in this situation, make sure you can get as many details as you can, like the license plate, make and model to make sure the road stays safe for everyone involved. 

Using Hands-Free Devices

If you have devices in your car that can be activated without physically having to manage them, then you may use them from time to time. Here are a few examples of hands-free devices that are permitted for use:

  • Phone with a bluetooth earpiece or headset: To be clear, the only permitted action is activating/deactivating the “hands-free” option on your phone. Physically interacting with the phone by dialing or scrolling is still not permitted. 
  • GPS screen: If the GPS screen is mounted on the dashboard or windshield, then naturally you’re allowed to glance at it to see where your destination is. Note that you need to input your destination before starting the car. 
  • Portable media player plugged into the car’s sound system: This is fine as well, as long as your playlist or podcast is already running before you start driving.
  • Built-in screens: Screens on your dashboard or built into your car are also acceptable to view, since they usually contain critical information. 

Distracted Driving Penalties

If you get caught for distracted driving, you’ll be slapped with a few fines and penalties that get more severe if you’re a repeat offender. Here’s a quick fact sheet detailing potential penalties.

  • 1st offense: 3 demerit points, 3-day driver’s license suspension, and a fine of up to $1000
  • 2nd offense: 6 demerit points, 1-week (as in 7 days) driver’s license suspension, and a fine of up to $2000
  • 3rd offense and beyond:  6 demerit points, 30-day driver’s license suspension, and a fine of up to $3000
  • 1st offense: 30-day license suspension and a fine of up to $1000
  • 2nd offense: 90-day license suspension and a fine of up to $2000
  • 3rd offense and beyond: A fine up to $3000 and total cancellation of your license. You will also be removed from the Graduated Licensing System

How to Avoid Distracted Driving

  1. Put your phone away: Keep your phone out of reach to resist the temptation to check messages or notifications. Use “Do Not Disturb” mode while driving to minimize distractions.
  2. Plan ahead: Set up your GPS, music, and anything else you might need before you start driving. This way, you won’t need to fumble with your devices on the go.
  3. Avoid multitasking: Driving is your top priority. Don’t try to eat, apply makeup, or perform any other tasks while behind the wheel.
  4. Take breaks, if needed: If you’re feeling tired or distracted, pull over safely and take a short break. A few minutes of rest can help you refocus.
  5. Stay calm and focused: Stress or strong emotions can take your mind off the road. Try deep breathing or playing calming music to keep yourself relaxed while driving.

Key Advice from MyChoice

  • Double and triple-check everything in your car (including potentially faulty hardware) before leaving your home or parking lot to avoid needing to fiddle with things on the road
  • Stay vigilant and only pull over when it’s safe to before making any emergency calls
  • Take care of yourself both on and off the road, since feeling physically suboptimal will impact your focus

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