Behaviours – Distractions
What the Law Says
The law is very clear: you must not hold a cell phone in your hand while driving. Failure to abide by this rule is an offence subject to a fine and demerit points.
"No person may, while driving a road vehicle, use a hand-held device that includes a telephone function. […] [A] driver who is holding a hand-held device that includes a telephone function is presumed to be using the device."
In other words…
Simply holding a cell phone in your hand, for any reason, while driving a road vehicle is illegal.
What does "while driving" mean?
- If you are at the wheel of a road vehicle in a traffic lane, you are driving.
- Even when you are stopped at a red light or stuck in traffic, you are driving!
Simply put, when you are driving, you cannot use your cell phone to…
- Make or answer a call
- Read or send a text message
- Check your appointments
- Check the time
- Check your Facebook activity feed
- Select a playlist
- Surf the Internet
- Do anything else…
The same rule applies to…
- All types of phones, from the oldest model to the latest
- All types of digital tablets
- All types of laptops
The prohibition from holding a hand-held device that includes a telephone function does not apply to:
- drivers of emergency vehicles in the performance of their duties, e.g. police officers, firefighters or ambulance attendants.
- a two-way radio, that is, a device that does not allow the parties to speak simultaneously—also known as a walkie-talkie, mobile transceiver, two-way portable radio or two-way transceiver.
Using a cell phone while driving or handling it in any way automatically leads to:
- an $80 to $100 fine
- 4 demerit points