Is Distracted Driving A Criminal Offence?

In Ontario, distracted driving is sometimes referred to as using a handheld device such as a cell phone while operating a motor vehicle. This includes calling, texting, or using any electronic entertainment device, but distracted driving can refer to many different behaviors. The laws are outlined in the Highway Traffic Act, meaning that distracted driving is a Provincial Offence and not a Criminal Offence, therefore you will not have a criminal record even if convicted of distracted driving.

 

Here are some key points about distracted driving:

• Fines and Demerit Points: Convicted drivers face hefty fines, demerit points, and potential license suspensions. Novice drivers (those with G1, G2, M1, or M2 license) face harsher penalties, including immediate license suspension.
• Insurance Rates: A conviction can lead to higher insurance premiums. Insurance companies may increase rates significantly due to the added risk.
• Penalties for Distracted Driving: First-time offenders can receive fines up to $1,000, three demerit points, and a three-day license suspension. Repeat offenders face even harsher consequences, including longer suspensions and higher fines.

 

Distracted driving includes more than just cell phone use. It involves activities like eating, reading, grooming, and using GPS devices. The Ontario Provincial Police (OPP) actively enforce these laws, often conducting roadside checks to catch offenders.

In case of emergencies, using a handheld device to dial 9-1-1 is exempt from distracted driving laws. Bluetooth and other hands-free technologies are allowed, provided they don’t distract the driver.

Common Distracted Driving Activities

• Texting or calling
• Using GPS or navigation systems
• Eating or drinking
• Adjusting the radio or entertainment devices
• Grooming activities such as applying makeup
• Interacting with passengers

 

Video Transcription:

Is distracted driving a criminal offence? If we look at the legislation, the answer is no. Distracted driving is not a criminal offence. It is not found in the Canadian Criminal Code. It is found under the Highway Traffic Act. That particular question is a euphemism, I’ll call it, for what the offence is really called.

What they’re talking about is an offence of using a handheld device, a cell phone charge. So distracted driving has to do with operating a motor vehicle and touching the driver touching that particular communication device. It’s found under section 78 of the Highway Traffic Act of Ontario or you can also find tenets of it under section 130 of the Highway Traffic Act, which is “careless driving”.

If convicted of either a cell phone charge or careless driving, they are not under the Canadian Criminal Code and they are not considered criminal offences. They are treated with significant concern because of the consequence for the fine. The demerit points, the potential of jail, and the impact that it may have if convicted under your insurance policy.

So for many reasons, people confuse whether it’s a criminal offense versus a non criminal offense because they are aware of the consequences to their pocketbooks, their bank accounts, their insurance rates, and the potential of losing driver’s license over this type of matter.