In Ontario, the use of hand-held electronic devices, specifically cell phones has been an offence under the Highway Traffic Act for nearly 15 years. Since that time the Ontario government has continually sought to strengthen these laws by adding increasing penalties for those drivers who have been convicted.
While initially limited to a fine when the cell phone laws were first introduced, the sentencing options are now much more serious and carry long-lasting implications to drivers who are convicted. As the law currently stands in 2023, if you are convicted of operating a vehicle with a hand-held device there are minimum penalties the court shall impose. These include:
- Minimum fine of $500 to a maximum of $1,000 + applicable court costs;
- 3 points on your license; and
- 3-day license suspension
The distracted driving or cell phone laws also have escalating sanctions for those drivers who are convicted more than once. If you are convicted previously and are charged and subsequently convicted again within five (5) years of the first offence the penalties ramp up to the following:
- Second offence
- Minimum fine of $500 to a maximum of $2,000 + applicable court costs;
- 3 points on your license; and
- 7-day license suspension
- Subsequent offence
- Minimum fine of $500 to a maximum of $3,000 + applicable court costs;
- 3 points on your license; and
- 30-day license suspension
It goes without saying if you receive a ticket from a police officer and you are convicted of the offence, your insurance may go up. Each insurance company handles convictions somewhat similarly and there are a number of factors which are taken into account to determine your current insurance rates. There are a number of risk factors which give insurance companies guidance for determining your monthly or yearly rates. When your license is suspended because you were convicted of driving while using a cell phone, this is a large red flag and this can make your insurance increase significantly. Multiple convictions for this offence may result in the insurance company cancelling your insurance altogether. Should this happen, and you cannot find any regular providers, you will need to obtain insurance through “high-risk” or “facility” insurance. Drivers who are in the high-risk or facility category are in the same situation as those with convictions for DUI, stunt driving, or multiple/repeat offenders.
You can even be charged with a distracted driving or hand-held offence if the phone is resting on any part of your person. You are only permitted to access the phone briefly to commence a call or end a call with the touch of a button. You are not permitted to physically take control of the phone, even at a red light or while you are stopped.
The hand-held and cell phone laws can be confusing and you may think you are operating your vehicle within the limits of the law by only briefly accessing your phone, but you may be mistaken. The lawyers and paralegals at X-Copper Law Firm can provide the advice you need to avoid these charges. There are offices across Ontario with legal professionals who will assist you if you are charged with one of these offences.
