Distracted Driving | Hand-Held Communication Device 

Highway Traffic Act (HTA)   |    Oct 16, 2024      | By: Harbir Singh

With the advancement of technology over the years, it seems everywhere we look, people are on their phones texting or scrolling away on social media. This becomes a major concern, when it is being done while driving, leading to distracted drivers on our roads.

Did you know that statistics released by Ontario Provincial Police (OPP), in the year 2024, claim that fatal collisions caused by distracted driving are up 40 percent, compared to the previous year?

Understandably, Ontario has strict distracted driving rules, related to hand-held devices under the Highway Traffic Act (HTA).

Ontario’s Distracted Driving Laws

Under the Highway Traffic Act (HTA) section 78.1 (1), no person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages.

What is prohibited and qualifies as distracted driving in Ontario?

1.      Wireless Communication devices: It is a punishable offence to hold of use devices such as tablets, smartphones, or any hand-held wireless communication device for texts, emails, calls, or social media while driving.

2.      Entertainment devices: It is a punishable offence to hold or use a hand-held electronic entertainment device while driving, for example, gaming consoles, tablets, iPod, etc.)

Important note: The rules apply both when driving, and while stopped in traffic or at a red light.  

Examples of activities that fall under distracted driving are:

·         GPS usage: The adjustment or usage of a GPS device while driving.

·         Texting: Sending text messages via a hand-held mobile phone.

·         Eating: The consumption of food of beverages while driving.

·         Speaking on the phone: holding a phone while conversating verbally, without the use of hands-free technology.

Are Hands-Free Devices Prohibited?

No, hands-free devices while driving are not prohibited. Drivers are allowed to use devices such as mobile phones, while driving, if it is done hands-free. An example of this can be having a conversation with someone, on Bluetooth.

Is Distracted Driving a Criminal Offence in Ontario?

No, distracted driving is not a criminal offence in the Province of Ontario. It is a provincial offence, punishable under the Highway Traffic Act (HTA). These offences do not fall under the Criminal Code of Canada.

What are the Penalties for Hand-Held Device Tickets in Ontario?

If you receive a hand-held device ticket in Ontario, you can face severe penalties, these can vary, depending upon whether it is your first, second, or third conviction. More information below:

Distracted Driving Penalties for A to G Drivers:

1st Conviction – Distracted Driving

·        Demerit Points:   Three

·        Fine: from $615 up to $1,000 (inclusive of a court fee and victim surcharge)

·        3- day license suspension, and a $280 license reinstatement fee.

2nd Conviction- Distracted Driving

·        Demerit Points:  Six

·        Fine: from $615 up to $2,000 (inclusive of a court fee and victim surcharge)

·        7-day license suspension, and a $280 license reinstatement fee.

3rd Conviction- Distracted Driving

·        Demerit Points: Six

·        Fine: from $615 and up to $3,000 (inclusive of a court fee and victim surcharge)

·        30-day license suspension, and a $280 license reinstatement fee.

Important Note: If your last offence for distracted driving was over five years ago, the new offence will not be considered a repeat offence and will not be subject to the 2nd conviction guidelines above.

Distracted Driving Penalties for Novice Drivers (G1, G2, M1, M2)

Under Ontario’s Highway Traffic Act (HTA), for those with a novice driver’s license, there are no demerit points upon conviction for a distracted driving offence, but the length of the suspensions is longer, they include:

·        Fine: from $650 and up

·        License suspension: 30- day (first conviction)

·        License suspension: 90-day (second conviction)

Can My Insurance Rates Be Affected?

Yes, your insurance rates can be affected. Distracted driving is known as a major offence, it can affect your insurance rates for up to 3 years. The increase in insurance premiums over that period, can amount to thousands of dollars.

It may be in your best interest to fight the ticket in court. You can do this yourself, or higher the services of a professional traffic ticket paralegal in Ontario. The expertise a traffic ticket paralegal can bring to your case, can be the difference between having the conviction on your record forever, or getting it dropped completely, or reduced to a less serious offence.

Contact HSB Legal Services

Navigating the Provincial Offences Court for violating the Highway Traffic Act (HTA) can be a complex task. Ensure you are putting the best case forward, to receive the outcome you desire. By contacting HSB Legal Services, you can have the peace of mind knowing your case is in the hands of a legal professional.

We serve all areas of Ontario, so whether you are looking for a traffic ticket paralegal in Toronto, traffic ticket paralegal in Vaughan, traffic ticket paralegal in Brampton, traffic ticket paralegal in Mississauga, traffic ticket paralegal in Scarborough, traffic ticket paralegal in North York, traffic ticket paralegal in Etobicoke, traffic ticket paralegal in Malton, traffic ticket paralegal in Rexdale, traffic ticket paralegal in Milton, traffic ticket paralegal in Oakville, traffic ticket paralegal in Niagara Falls, traffic ticket paralegal in Burlington, traffic ticket paralegal in Barrie, traffic ticket paralegal in Richmond Hill, traffic ticket paralegal in Downtown Toronto, traffic ticket paralegal in Oshawa, traffic ticket paralegal in Ajax, traffic ticket paralegal in Whitby, traffic ticket paralegal in Markham, or a traffic ticket paralegal anywhere in Ontario, feel free to contact us.