When you’re driving a vehicle in Ontario, you are legally obligated to be focused on what you are doing and on your surroundings. When you are not paying attention to where you are going and what is happening around you, there is a much greater chance of being in an accident. That’s why there are driving laws in place that penalize people who are found to be driving while distracted. If you want to make sure you avoid breaking the law and getting a ticket, fine, or being in an accident, you can use this helpful guide to distracted driving in Ontario.
Distracted driving is when someone is driving a vehicle at the same time as participating in actions and activities that take their focus away from driving. The reason why there are laws in place to punish drivers for being distracted is that studies show distracted drivers are far more likely to be in an accident and pose a safety hazard to people around them.
It is worth noting that you can be found guilty of distracted driving even when your vehicle is stopped at a red light.
In Ontario, the laws in place regarding distracted driving have evolved over time as both vehicles and technology have changed. The most recent update to Ontario’s distracted driving laws came in January 1st, 2019 which we will talk more about below.
What Are Ontario’s Distracted Driving Laws?
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?
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 to be a distraction.
What is the new distracted driving law in Ontario starting in 2019?
As of January 1st, 2019 there was an update to Ontario’s laws regarding distracted driving. It was mostly to crack down on holding or using your phone while driving, due to the increase in smartphone use. 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 roughly three different kinds of financial or legal penalties you can face if you are caught or convicted of driving while distracted by any of the activities mentioned above. They depend on what your license level is 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 of the penalties mentioned below are updated according to the updates to the distracted driving laws and punishments that came in January 1st, 2019.
What are the penalties for drivers who have a full license?
For drivers that are caught driving while distracted but do not cause any accident, and who have a full license (A, B, C, D, E, F, G, or M-series license), the punishments you receive a mixture of fines, license demerit points, and license suspensions. These penalties will escalate for each subsequent conviction.
When it comes to the fines you may receive, what amount you are fined depends on whether you settle out of court, or fight the conviction in court and lose.
What are the penalties for drivers with learning licenses (G1, G2, M1, M2)?
For drivers who have a novice-level license that receives a conviction for distracted driving, the fines they receive are the same but they have differences in the demerit points and license suspensions.
What are the penalties for careless or dangerous driving?
While you can receive a ticket or fine if you are caught by driving while distracted, you can also be charged with more serious driving offences — careless driving, or dangerous driving.
Dangerous driving 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. Different insurance companies may handle a conviction slightly differently as far as how much your rates will increase, but they will all increase your rates at least somewhat.
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.
In 2016 alone, the OPP reported there were at least 65 fatalities in Ontario that were caused by a car accident involving a distracted driver. The OPP has also reported that distracted driving is now the number one cause of driving-related deaths in Ontario, more than drunk driving.
In recent years a lot of time and resources have been put into researching and raising awareness into 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 you are driving your vehicle.
Any of these 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 for sure 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.
If you want to figure out ways to avoid driving while distracted, there are a number of tips that are highly recommended by the Government of Ontario and other safe driving experts. Part of the reason why distracted driving activities have become so commonplace is due to the perception of necessity — you feel you have to look at your phone to check your GPS route, or text your friend, or adjust the volume on the music app.
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 a number of 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 down into the gap and tempt you into rummaging for it while you're driving.
Distracted driving is becoming an increasingly important issue in Ontario, to the point that the government has recently increased the legal punishments for people who are caught driving while distracted. This is because of new statistics that show just how dangerous distracted driving is, and how many car accidents, injuries and deaths involve or are directly caused by distracted drivers. If you want to avoid the fines, demerit points and license suspensions, the best way to do is to plan your trips and your time and put away your phone and objects where you can’t reach them.