What counts as distracted driving in Ontario?
Distracted driving in Ontario means holding or using a phone or other handheld device while you drive, or driving with a display screen in view that the law does not allow. It applies when you are stopped in traffic or waiting at a red light, too.
Simply holding the phone is enough. You do not need to be texting, scrolling or on a call for an officer to write the ticket.
Allowed while driving
- Hands-free calls through Bluetooth or an earpiece
- A phone or GPS held in a secure mount
- Touching a mounted phone to make, answer or end a call
- Calling 911 in an emergency
Can get you a distracted driving ticket
- Holding a phone or other handheld device, even without using it
- Texting, dialling, scrolling or reading on a handheld phone
- Doing any of that at a red light or in stopped traffic
- Driving with a display screen visible to you that is not a permitted one
Distractions that do not involve a device or screen, such as eating or grooming, sit outside this law. They are not a free pass, though: they can still lead to a careless or dangerous driving charge, which the guide to careless driving and your record covers.
Had a phone ticket in the last three years? Your Ontario driving abstract shows whether it became a conviction.
What are the penalties for a distracted driving ticket in Ontario?
For a fully licensed driver, a first conviction means $615 if settled out of court, 3 demerit points and a 3-day suspension. An offence within five years of the last conviction is a repeat: a second brings a fine of up to $2,000, 6 points and 7 days, and a third brings up to $3,000, 6 points and 30 days.
| Conviction | Fine | Demerit points | Licence suspension |
|---|---|---|---|
| First | $615 if settled out of court; $500 to $1,000 on a summons or if you fight it and lose | 3 | 3 days |
| Second | $500 to $2,000 | 6 | 7 days |
| Third or later | $500 to $3,000 | 6 | 30 days |
Two details catch people out. First, the suspension is automatic: the Ministry of Transportation’s Registrar imposes it on conviction, so no judge has to order it. Second, you get both. Handheld device and display screen convictions keep their demerit points even with a suspension attached, an exception the demerit rules make for only a few offences.
To see where this sits next to speeding, careless driving and every other offence, use the Ontario demerit points chart. Fighting a ticket is your right, and a lawyer or paralegal can tell you if yours is worth contesting.
Every one of these penalties starts with a conviction on your record. To see what is already there before you decide how to handle a new ticket, check your Ontario driver record.
What happens if a G1 or G2 driver gets a distracted driving ticket?
Novice drivers get no demerit points, but the suspensions are much longer, and a third conviction cancels the licence outright.
| Conviction | Demerit points | Licence consequence |
|---|---|---|
| First | None | 30-day suspension |
| Second | None | 90-day suspension |
| Third | None | Licence cancelled and removed from graduated licensing |
A month without a licence is a serious problem for a G2 driver who commutes. The conviction also stands out on a new driver’s record, which usually has little else on it.
The record lists suspensions and reinstatements as well as convictions, so on a G2 record the 30-day suspension can appear along with the phone conviction. The drivers abstract guide for G1 and G2 drivers explains what yours will show, and a current 3-year driver record lets you read it before an insurer or employer does.
Does a distracted driving ticket go on your Ontario driving record?
The conviction does, not the ticket. Once you are convicted, the 3-year driver record lists the conviction with its date and the points count toward your total. The record also lists suspensions and reinstatements, so the suspension that came with it can appear too.
The ticket
A charge is not a conviction. Nothing goes on your driving record yet, and no points are added.
You pay, dispute or do nothing
Paying the fine out of court counts as a guilty plea and a conviction. Ignoring the ticket can end in a conviction too, entered without a hearing. If you dispute it, nothing goes on your record unless the case ends in a conviction.
The conviction is recorded
The conviction goes on your record with its date, and the demerit points are recorded as of the offence date, not the court date.
The suspension follows
Your licence is suspended for 3, 7 or 30 days, or 30 or 90 days on a novice licence. A record issued while it is running shows your status as suspended.
The reinstatement is listed
The record shows reinstatements as well as suspensions, so both entries stay on your 3-year record while they fall inside its window.
Want to see the conviction date and your current point total for yourself? Get your driving record online and read it line by line.
How long does a distracted driving conviction stay on your record?
The demerit points count for two years from the offence date, and the conviction stays on the 3-year driver record while it falls within the past three years. For a fully licensed driver, though, Ontario looks back five years to decide whether a new offence is a repeat.
- 2 yearsDemerit points count toward your totalMeasured from the offence date
- 3 yearsConvictions, suspensions and reinstatements shown on the 3-year record
- 5 yearsLook-back that turns a new offence into a repeatFor fully licensed drivers
- 6 yearsSuspensions the standard insurance application asks about
The gap between the 3-year record and the 5-year look-back is the trap. For a fully licensed driver, a conviction from four years ago has left the abstract, but a new offence today is still a repeat: 6 points instead of 3, and a 7-day suspension instead of 3 days.
Points and convictions also run on separate clocks, so a record can show a distracted driving conviction whose points no longer count. The guides on how long convictions stay on your record and how to check your demerit points walk through both clocks.
Not sure whether an older phone ticket still shows? A current drivers abstract lists your Highway Traffic Act and Criminal Code convictions from the past three years, along with your current point total.
Will a distracted driving ticket affect your insurance or job?
Expect it to. The standard Ontario auto insurance application asks for every conviction in the last 3 years, and a distracted driving conviction always comes with a licence suspension or cancellation, which the same form asks about for the last 6 years.
How much it costs you is up to each insurer. Ontario’s insurance regulator, FSRA, lists your driving record, including convictions, among the things insurers use to set your premium, and premiums for the same driver differ from one company to another.
AutoPlus, the insurance industry’s shared history database, can also carry conviction history reported by insurers, and the insurer asking decides how many years it sees. That history can reach further back than your 3-year record. Many convictions or at-fault accidents can make you what FSRA calls a high-risk driver, with higher rates and, in some cases, cover only through the Facility Association, the insurer of last resort.
Before you ask for quotes, read your Ontario drivers abstract so the convictions you declare match the ones an insurer can find. The guide to drivers abstracts for insurance explains how insurers use it.
Employers
If your job involves driving, assume your employer can see it. The 3-year record is the type commonly used for employment, and anyone with your licence number can order it. The drivers abstract for employment guide covers what hiring managers look at.
Commercial drivers have a second record to think about: the five-year CVOR Driver Abstract, which covers convictions while driving commercial vehicles in Ontario.
What should you do after a distracted driving ticket?
Decide how to respond before the 15-day deadline, get advice if the stakes are high, and once the outcome is settled, check that your record shows what you expect.
Read the ticket and note the date
You have 15 days from when the ticket was served to plead guilty and pay, ask to meet the prosecutor, or request a trial. Doing nothing can lead to a conviction without a hearing.
Get advice before you pay if a lot rides on it
If you hold a G1 or G2, have a previous conviction in the last five years, or drive for a living, talk to a lawyer or paralegal before you settle the ticket.
Serve any suspension properly
Do not drive while suspended, and pay the reinstatement fee that applies after every suspension. Leaving it unpaid can get your licence cancelled.
Mark your dates
Points stop counting two years after the offence date. For a fully licensed driver, a new offence committed less than five years after this conviction counts as a repeat.
Check your record before anyone else does
Order your 3-year record before an insurance renewal or a job application, so you know what they can see.
The quickest way to see where you stand is to order your driving abstract online. It is $39.99, there is no account to create, and the PDF arrives in your inbox instantly after payment.
Frequently asked questions
Is it illegal to hold my phone at a red light in Ontario?
Yes. Holding a phone or other handheld device while driving is an offence on its own, and that includes waiting at a red light or sitting in stopped traffic. You do not have to be texting or on a call to be charged.
How many demerit points is a cell phone ticket in Ontario?
Three on a first conviction for a fully licensed driver, and six if the offence comes less than five years after a previous handheld device or display screen conviction. G1, G2, M1 and M2 drivers get no points, but a first conviction suspends their licence for 30 days.
Can I use my phone for directions while driving in Ontario?
Yes, if the phone is in a secure mount. You may touch a mounted phone only to make, answer or end a call, so set your route before you pull out. Picking the phone up to check the map is a handheld offence.
Is eating or drinking behind the wheel distracted driving in Ontario?
No. Ontario limits its distracted driving law to handheld devices and display screens. A snack, a coffee or reaching into the back seat can still end in a careless or dangerous driving charge, though, and a careless driving conviction carries 6 demerit points.
Is my licence suspended as soon as I get the ticket?
The suspension comes with the conviction, not the ticket. Once you are convicted, which includes paying the fine, the licence is suspended for 3 days on a first conviction for a fully licensed driver, or 30 days for a novice driver.
Does an old distracted driving conviction still count against me?
For a fully licensed driver, yes, for five years. An offence committed less than five years after a previous conviction is treated as a repeat, with 6 points and a longer suspension. After five years, a new offence counts as a first offence again.
How can I see whether a distracted driving conviction is on my record?
Order your 3-year Ontario driver record. It lists your convictions, suspensions, reinstatements and demerit point total, costs $39.99, and arrives in your inbox instantly after payment. Occasional delays can occur.
Sources: Highway Traffic Act, sections 78 and 78.1 (display screens and handheld devices) and section 130 (careless driving); Ontario Regulation 339/94 (Demerit Point System); the Provincial Offences Act (paying or not responding to a ticket); Ontario’s distracted driving guidance; the Ministry of Transportation’s descriptions of the 3-year driver record and the CVOR Driver Abstract; the Ontario Application for Automobile Insurance (OAF 1); FSRA guidance on premiums and high-risk drivers; and CGI’s AutoPlus consumer report guide. This guide is general information, not legal advice.