Yes No Share to Facebook
Distracted Driving Violation:
The Improper Handling of a Telecommunications Device
Last Updated: August 23 2026
Question: How can I file and track a legal document in Ontario using a CMS?
Answer: You can streamline Ontario document filing and tracking by using Legacy Legal Services’s CMS for legal professionals, which helps you prepare, version, and organize paperwork so nothing gets lost and updates are easy to audit. To get the right workflow for your matter, call (226) 246-3825 and a team member can guide you on using the system with paralegals and other Ontario legal professionals.
Add this website to Google Preferred Sources
What Distracted Driving Actually Means
The phrase "distracted driving" when referring to a traffic ticket is technically improper as the term fails to exist in law and is completely absent from the Highway Traffic Act, R.S.O. 1990, c. H.8. Also, contrary to urban myths, what is meant by "distracted driving" is the use of a hand held communication device rather than common conduct such as eating, drinking, changing the radio station, lighting a cigarette, or other behaviours that may be perceived as a temporary distraction. Of course, these temporary distracting behaviours may involve a moment of inattention; however, in law, such a moment of inattention is defined without use of the word "distraction".
The Law
The confusion appears to arise from the common use of the term distracted driving in the context of summarizing various concerns that are actually specified and defined within the Highway Traffic Act; however, many people subsequently perceive that any distraction therefore qualifies within the non-existent law of "distracted driving". Here is what the law actually says:
Hand-Held Devices Prohibited
Wireless Communication Devices
78.1 (1) 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.
Entertainment Devices
(2) 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.
Hands-Free Mode Allowed
(3) 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.
Exceptions
(a) the driver of an ambulance, fire department vehicle or police department vehicle;
(b) any other prescribed person or class of persons;
(c) a person holding or using a device prescribed for the purpose of this subsection; or
(d) a person engaged in a prescribed activity or in prescribed conditions or circumstances.
Same
(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services.
Same
(6) Subsections (1) and (2) do not apply if all of the following conditions are met:
1. The motor vehicle is off the roadway or is lawfully parked on the roadway.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic.
Penalty
(6.1) 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.
Same
(6.2) 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.
Same
(6.3) An offence under this section committed more than five years after a previous conviction for an offence under this section is not a subsequent offence for the purposes of subsection (6.1) or (6.2).
Regulations
(7) The Minister may make regulations,
(a) prescribing devices for the purpose of subsections (1) and (2);
(b) prescribing persons, classes of persons, devices, activities, conditions and circumstances for the purpose of subsection (4).
Definition
(8) In this section,
“motor vehicle” includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine.
Conclusion
From a legally technical viewpoint, the term "distracted driving" fails to exist and is unmentioned within the Highway Traffic Act; however, what is generally meant by "distracted driving" is the use of communication devices or other electronic devices specified within the Highway Traffic Act. Conduct such as reading a book, eating a cheeseburger, changing the radio station (built-in radio), among many other things, fail to constitute as "distracted driving"; however, such activities may constitute as "careless driving". For more information, click here for what the Ontario government similarly says.
Learn About:
Learn More About Distracted Driving Violation...
Here are links to one (1) other webpages:
NOTE: A significant quantity of inquiries involving “lawyers near me” or “best lawyer in” typically signal a desire for prompt and proficient legal assistance rather than a particular job title. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specific litigation cases. Skills in advocacy, legal reasoning, and procedural knowledge are integral to this function. Legacy Legal Services offers legal representation within its licensed parameters, focusing on strategic placement, evidence preparation, and compelling advocacy directed at securing efficient and favourable outcomes for clients.
