Distracted driving refers to operating a vehicle while engaging in activities that take your attention away from the road. As research shows that driving distractions significantly increase the risk of accidents, distracted driving laws were put in place to encourage drivers to stay focused and to keep Ontario's roads safe.
Ontario distracted driving laws have evolved over the years as both vehicles and technology have changed. New road regulations enact tougher penalties for distracted driving. Upon first conviction, you’ll face a fine of $615, three demerit points, and a 3-day license suspension. Let's learn more about what counts as distracted driving in Ontario.
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:
It is worth noting that in Ontario you can be penalized for distracted driving 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, note that 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.).
While Ontario distracted driving laws generally prohibit activities that take your focus off the road, especially when it comes to using a technological device, there are a few exceptions under special circumstances:
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.
It is also important to note that actions such as eating, drinking, grooming, smoking, reading, or reaching for objects while driving are not against Ontario’s distracted driving law. However, you can still be charged with reckless or dangerous driving, so be careful!
If you’re found guilty of distracted driving, fines can range up to $3,000. The amount depends on your license level, any past convictions, the circumstances of the incident, and whether you resolve the fine directly or contest it in court and lose. Additionally, you may receive demerit points and face a license suspension. See the Ontario distracted driving fines list below:
If you hold a full licence (A, B, C, D, E, F, G, and/or M), the penalties for distracted driving increase with each conviction:
First Conviction:
Second Conviction:
Third and Subsequent Convictions:
If you're a novice driver, the fines are the same as for fully licensed drivers, but instead of demerit points, the suspensions are stricter:
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 such as 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:
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):
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:
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.
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:
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.
Distracted driving is a growing concern in Ontario, and the government has stepped up penalties to address the problem. Recent statistics show how dangerous it is, with many accidents, injuries, and deaths linked directly to distracted drivers. To avoid fines, demerit points, and license suspensions, plan ahead, and keep your phone and other distractions out of reach while driving. Stay focused to keep yourself and others safe on the road.
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