{"id":1510,"date":"2016-05-19T19:02:55","date_gmt":"2016-05-19T19:02:55","guid":{"rendered":"http:\/\/contelawyers.ca\/?p=1510"},"modified":"2016-05-19T19:02:55","modified_gmt":"2016-05-19T19:02:55","slug":"distracted-driving-ontario-whats-legal-illegal","status":"publish","type":"post","link":"https:\/\/contelawyers.ca\/distracted-driving-ontario-whats-legal-illegal\/","title":{"rendered":"Distracted Driving in Ontario: What’s Legal and Illegal?"},"content":{"rendered":"

Distracted Driving: The Specifics<\/h2>\n

\"FiveWe\u2019re human beings. We\u2019re not programmed to focus on one specific thing for an extended amount of time. Our minds wander (we can\u2019t help it!). Driving is one of those tasks that require you sit and stare for sometimes hours on end, and it\u2019s so easy to become distracted.<\/p>\n

But staying focused on the road isn\u2019t just essential for safety \u2014 it\u2019s <\/span>the law<\/span><\/a><\/span>. As of Sept. 1, 2015, the fines and penalties for being convicted of distracted driving<\/a> in Ontario are severe (don\u2019t worry, we\u2019ll get to that later).<\/span><\/p>\n

So what is considered distracted driving in Ontario?<\/strong><\/p>\n

Legally speaking, section 78 of the Highway Traffic Act states<\/a><\/span> that no person can drive a motor vehicle if the display screen of television, computer or other device in the motor vehicle is visible to the driver, and section 78.1 prohibits hand-held wireless communication devices.<\/p>\n

Seems nice and simple, right? Wrong.<\/p>\n

There is a plethora of grey areas here that make distinguishing what\u2019s legal and illegal very difficult.<\/p>\n

\"man<\/p>\n

So we\u2019ve unraveled the mystery for you!<\/p>\n

What You Can And Can\u2019t Do Behind The Wheel<\/h3>\n
What You Can\u2019t Do Legally<\/h6>\n

The obvious <\/span>illegalities<\/span><\/a><\/span> are the ones you\u2019d expect:\u00a0<\/span><\/p>\n

Using any type of hand-held wireless communications device such as a Smartphone, iPhone or Blackberry to text, dial or e-mail.<\/p>\n

Using music-playing entertainment devices such as iPods or other portable MP3 players, as well as portable gaming devices like GameBoys.<\/p>\n

Viewing display screens unrelated to driving such as laptops, tablets and DVD players<\/p>\n

Programming a GPS by hand, and not by voice-command<\/span><\/p>\n

Check out this video by AT&T<\/a><\/span> which illustrates how even a glance at your phone can lead to disaster.<\/p>\n

https:\/\/youtu.be\/OVnRcIXEqaU<\/p>\n

What You Can Do Legally<\/h6>\n

\"BarneyWhen it comes to what you CAN do (legally), it\u2019s all about keeping the hands on the wheel with hands-free capable devices.<\/p>\n

But what EXACTLY does \u201chands-free\u201d mean, legally?<\/p>\n

According to the <\/span>Ontario Ministry of Transportation<\/span><\/a><\/span>, what constitutes \u201chands-free\u201d<\/strong> is:<\/span><\/p>\n

\u201cAny device that you do not touch, hold or manipulate while driving, other than to activate or deactivate it. For example, actions such as dialing or scrolling through contacts, or manually programming a GPS device are not allowed.\u201d<\/p>\n

So, to break it down, you CAN:<\/strong><\/p>\n

Use hands-free wireless communications devices with an earpiece, lapel button or Bluetooth device<\/p>\n

View the display screens of GPS units that are integrated into the vehicle or mounted on a dashboard and not obscuring the driver’s view<\/p>\n

Use portable MP3 players hands-free, as long as they’re secured in or mounted to the vehicle<\/p>\n

Call 911<\/p>\n

To help you equip a totally hands-free automobile, here\u2019s a list of the top 10 Bluetooth Car Kits of 2016.<\/a><\/span><\/strong><\/p>\n

Distracted Driving in Ontario: The Consequences<\/h6>\n

\"a<\/p>\n

Remember earlier we teased the severity of distracted driving in Ontario? Well, wait no longer.<\/p>\n

Let us begin with the initial \u201cslap-on-the-wrist\u201d. If you\u2019re <\/span>convicted of distracted driving<\/span><\/a><\/span>, a fully licensed driver, holding any class of licence, will receive:<\/strong><\/span><\/p>\n

A fine of $400, plus a victim surcharge and court fee, for a total of $490 if settled out of court<\/p>\n

Fine of up to $1,000 if you receive a summons or fight your ticket<\/p>\n

Three demerit points applied to your driver\u2019s record<\/p>\n

(For a larger scope, here\u2019s a comprehensive list of fines and charges for all provinces as outlined by <\/span>CAA<\/span><\/a><\/span>.)<\/span><\/p>\n

If you\u2019re a novice driver<\/strong> (subject to the <\/span>Graduated Licensing program<\/span><\/a><\/span>), you\u2019re subject to escalating sanctions:<\/span><\/p>\n

first occurrence will result in a 30-day licence suspension<\/p>\n

second occurrence will result in 90-day licence suspension<\/p>\n

licence cancellation and removal from the Graduated Licensing System for a third occurrence<\/p>\n

Check out this video of the Ontario government announcing the crack down on cell use while driving.<\/strong><\/p>\n