OPP News Release

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North Bay - Under Ontario's new law, Countering Distracted Driving and Promoting Green Transportation Act, 2009, fines of up to $500 can be levied against distracted drivers who text, type, email, dial, or chat using a prohibited hand-held device.

It is illegal in Ontario for drivers to use any handheld communications and entertainment devices and is not exclusive to cell phones. The legislation is specific in describing which conditions must be met before a driver may utilize their cell phone without a hands free system. These conditions include:

Vehicle must be off the roadway or lawfully parked on roadway; and

Must not be in motion; and
Is not impeding traffic.

From the introduction of this law in October, 2009, until February 1, 2010, the focus was on educating drivers about the new legislation. During the educational period, officers have used their discretion as to whether a charge was warranted, which would be laid by way of a summons.

Officers will continue to use their discretion, however starting February 1, 2010 offenders will be issued fines by way of offence notices. An offence notice assigns a fixed fine for traffic violation. The fines that will be applied to a driver who will be issued a ticket as of February 1, 2010 has been set by Ministry of Transportation of Ontario (MTO) at $155 (includes victim surcharge), however the legislation allows for fines up to $500.

In addition to this legislation, drivers who place others at risk as a result of using a hands-free device can be charged with careless driving and face fines of up to $1,000, six demerit points, a driver's licence suspension and possible jail time. If convicted of Dangerous Driving (a criminal offence), drivers could face a penalty of up to $2,000 and five years in jail.

Since the Legislation took effect on Oct 26, 2009, 64 charges have been laid and 3260 warnings were issued by the OPP under the new legislation. These charges were laid when a warning wasn’t appropriate, such as for unsafe driving behaviours while using a device (.i.e. crossing over lane markings, following too close, etc).

Note: Drivers may place emergency calls to the police, fire department and emergency medical services. If possible, drivers should pull off the road before making an emergency call.

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