You’re stopped at a red light on Bayfield Street. Your phone buzzes. You pick it up, just to see who it is.
In Ontario, that one glance can cost you $615, 3 demerit points and a 3-day licence suspension. If you’re on a G1 or G2, it’s a 30-day suspension instead.
In 2022 alone, distracted or inattentive drivers were involved in more than 30,000 collisions in Ontario, causing nearly 11,000 injuries and 100 deaths, according to the Ontario government. This guide explains exactly what’s illegal, what’s allowed, and what happens if you get caught, in plain English.
In this guide12 sections
- Quick Answer: Distracted Driving Penalties in Ontario
- What Counts as Distracted Driving in Ontario?
- What You’re Allowed To Do
- Distracted Driving Fines and Demerit Points in Ontario
- Penalties for G1 and G2 Drivers (They’re Harsher)
- How a Ticket Affects Your Insurance
- Is It Legal To…? Quick Answers
- Can You Fight a Distracted Driving Ticket?
- 7 Habits That Keep You Off Your Phone
- Build Distraction-Free Habits From Day One
- Conclusion
- Frequently Asked Questions
Quick Answer: Distracted Driving Penalties in Ontario
- First offence: $615 if you settle out of court (up to $1,000 if you go to court and lose), 3 demerit points and a 3-day licence suspension.
- G1 and G2 drivers: the same fine, no demerit points, but a 30-day suspension.
What Counts as Distracted Driving in Ontario?
Under Ontario’s distracted driving law, it’s illegal to do any of these while driving:
- Hold a phone or other hand-held device, even if you’re not using it.
- Text, dial or email on a hand-held phone.
- Use a hand-held entertainment device, such as a tablet or portable game console.
- Have a screen in view that isn’t related to driving, such as a movie or video.
- Type into a GPS by hand. Voice commands are fine.
Red lights and traffic jams count. In the eyes of the law, you’re still driving when you’re stopped in traffic. The only safe time to pick up your phone is when you’ve pulled off the road and parked.
What HTA offence is texting and driving?
Texting while driving is an offence under section 78.1 of Ontario’s Highway Traffic Act. That section bans holding or using a hand-held wireless device while driving. Screens that aren’t related to driving fall under section 78.
What You’re Allowed To Do
The law isn’t anti-technology. It’s anti-hands. You can:
- Make hands-free calls with Bluetooth, an earpiece or a lapel button. You can turn the device on and off, but don’t fiddle with it.
- Use a securely mounted phone or GPS, and touch it once to start, answer or end a call.
- Use voice commands for navigation and calls.
- Call 911 in an emergency. It’s safest to pull over first.
There’s a catch: even hands-free use can lead to a careless driving charge if your attention isn’t on the road and you put others at risk.
Distracted Driving Fines and Demerit Points in Ontario
Here’s what a conviction costs a fully licensed driver (Class A to G):
| Fine: settled out of court | Fine: summons or lost in court | Demerit points | Licence suspension | |
|---|---|---|---|---|
| 1st conviction | $615 | up to $1,000 | 3 | 3 days |
| 2nd conviction | $615 | up to $2,000 | 6 | 7 days |
| 3rd+ conviction | $615 | up to $3,000 | 6 | 30 days |
After every suspension you also pay a licence reinstatement fee before you can drive again.
When it becomes careless or dangerous driving
If your distraction puts other people in danger, police can lay a careless driving charge instead of, or as well as, the phone charge. Careless driving carries:
- 6 demerit points
- fines of up to $2,000
- up to 6 months in jail
- a licence suspension of up to 2 years
If a distracted driver causes serious injury or death, they can face dangerous driving charges under the Criminal Code, with prison terms of up to 10 years for bodily harm and 14 years for causing death.
Penalties for G1 and G2 Drivers (They’re Harsher)
New drivers pay the same fines but get no demerit points. Instead, they lose their licence for longer:
| Novice driver penalty (G1, G2, M1, M2) | |
|---|---|
| 1st conviction | 30-day licence suspension |
| 2nd conviction | 90-day licence suspension |
| 3rd conviction | Licence cancelled. You’re removed from graduated licensing and must start again. |
Think about that third line. A few texts could wipe out a year or more of progress toward your full G licence.
A suspension also delays your road tests and puts a conviction on your record. It’s one more reason to know your G2 restrictions in Ontario inside out.
How a Ticket Affects Your Insurance
A distracted driving conviction goes on your driving record, and insurers check it. A conviction can raise your car insurance premiums for several years.
New drivers already pay some of the highest rates, so the hit can be painful. Our guide to car insurance for G2 drivers explains how your record affects what you pay.
Is It Legal To…? Quick Answers
Is it legal to drive with headphones in Ontario?
Ontario’s distracted driving law doesn’t specifically ban headphones. But anything that stops you hearing sirens, horns or traffic can lead to a careless driving charge, and you’re legally required to pull over for emergency vehicles. If you need audio, use your car’s speakers or a single earpiece for hands-free calls. Never cover both ears.
Is it illegal to eat or drink while driving?
Eating and drinking aren’t covered by the phone law. But if your burger or coffee makes you drift, swerve or miss a stop, police can charge you with careless driving.
Can you vape or smoke while driving?
The distracted driving law doesn’t cover smoking or vaping, but other laws do:
- It’s illegal to smoke or vape tobacco in a car with anyone under 16 in it, even with the windows open.
- Using cannabis in any form in a vehicle that’s being driven is illegal.
Can I use GPS on my phone?
Yes, if the phone is securely mounted and you set your destination before you drive or by voice. Holding the phone to check the map is illegal.
Can I touch my phone at a red light?
No. You’re still “driving” at a red light or in stopped traffic.
Can You Fight a Distracted Driving Ticket?
Yes. Every driver has the right to dispute a ticket. Your offence notice lists your options, including paying the fine or requesting a trial.
Before you decide, remember that a conviction in court can carry a higher fine than settling out of court (up to $1,000 for a first offence instead of $615). A licensed paralegal or lawyer can explain your options for your situation.
The cheapest way to deal with a distracted driving ticket is still never getting one.
7 Habits That Keep You Off Your Phone
Willpower is unreliable. Habits work better. These are the ones our instructors teach from the first lesson:
- Turn on Do Not Disturb While Driving. iPhone and Android can both silence notifications automatically when you’re in the car.
- Set your route and playlist before you shift into drive.
- Mount your phone and leave it there. If you’re tempted, put it in the glovebox or back seat.
- Make a passenger your texter for calls, messages and navigation changes.
- Use voice commands for anything that can’t wait.
- Pull over and park somewhere safe before you check anything.
- Tell people you’re driving. A quick “driving, will reply later” auto-reply stops the pressure to respond.
These habits matter even more in Simcoe County. Busy stretches like Bayfield Street and Highway 400, and our long snowy winters, leave no room for a glance away. See our winter driving safety guide and benefits of defensive driving for more.
Build Distraction-Free Habits From Day One
Habits formed while you learn are the ones that stick. In our G2 driving lessons in Barrie, instructors coach you to scan, plan and keep your hands on the wheel, not on your phone. Our online driving classes cover Ontario’s distracted driving rules in detail.
Call 705-300-5570 or book a lesson online.
Conclusion:
Ontario’s distracted driving law comes down to one simple rule: if it’s in your hand while you’re driving, it’s illegal. That includes red lights and stopped traffic.
A first ticket costs $615, 3 demerit points and a 3-day suspension. For G1 and G2 drivers it’s a 30-day suspension, and it gets much worse from there. Mount your phone, go hands-free, and save the scrolling for when you’re parked.
At Road Safety Canada, our MTO-approved instructors help new drivers across Barrie and Simcoe County build safe, focused habits from the very first lesson. Call 705-300-5570 or book your lesson today.
Frequently Asked Questions
How much is a distracted driving ticket in Ontario?
A first offence is $615 if you settle out of court, or up to $1,000 if you go to court and lose. You also get 3 demerit points and a 3-day licence suspension.
Can I use my phone at a red light in Ontario?
No. The law applies whenever you are driving, including when you are stopped at a red light or in traffic. Pull over and park safely first.
What happens if a G2 driver is caught texting?
G1 and G2 drivers pay the same fine but get a 30-day licence suspension for a first conviction, 90 days for a second, and licence cancellation for a third.
Is it illegal to drive with headphones in Ontario?
Ontario’s distracted driving law does not specifically ban headphones, but anything that stops you hearing sirens or traffic can lead to a careless driving charge. Never cover both ears.
Can I hold my phone if I’m only using GPS?
No. You can use a GPS or phone that is securely mounted, and you should enter your destination before you drive or by voice.
Does a distracted driving ticket affect insurance?
Yes. A conviction goes on your driving record and can raise your insurance premiums for several years.
Is eating while driving illegal in Ontario?
Eating is not covered by the distracted driving law, but if it affects your driving you can still be charged with careless driving.
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