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.

In short…

"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