DISTRACTED DRIVING (3 DEMERIT POINTS)

Additional Information

PURSUANT TO SECTION 78.1 (1) Highway Traffic Act, R.S.O. 1990


No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 


PURSUANT TO SECTION 78.1 (2) Highway Traffic Act, R.S.O. 1990


No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle.


PURSUANT TO SECTION 78.1 (3) Highway Traffic Act, R.S.O. 1990


Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode.


PENALTY 


Every person who contravenes this section is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $500 and not more than $1,000;

(b) for a first subsequent offence, to a fine of not less than $500 and not more than $2,000; and

(c) for a second subsequent or an additional subsequent offence, to a fine of not less than $500 and not more than $3,000. 2017, c. 26, Sched. 4, s. 16.


Furthermore, if a person is convicted of an offence under this section, the Registrar shall suspend his or her driver’s licence,

(a) for a first offence, for three days;

(b) for a first subsequent offence, for seven days; and

(c) for a second subsequent or an additional subsequent offence, for 30 days.

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