Hand-Held Devices

Section 78(1) of the Ontario Highway Traffic Act deals with the use of handheld devices while driving. Specifically, it prohibits drivers from operating a motor vehicle while using a handheld communication or entertainment device.

The Text of Section 78(1):

"No person shall drive a motor vehicle on a highway while holding or using a handheld wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages."

Key Points:

1. Handheld Wireless Communication Devices:

   • This includes smartphones, cell phones, and other devices capable of sending and receiving voice calls, text messages, emails, or other forms of electronic communication.

2. Handheld Entertainment Devices:

   • The section also covers devices used for entertainment purposes, such as watching videos, playing games, or other similar activities, while driving.

3. Exceptions:

   • There are specific exceptions to this rule, such as using a handheld device to call emergency services (e.g., 911) or if the driver is legally parked and not impeding traffic.

4. Penalties:

   • Fines: The fine for a first offense can range from $615 (if settled out of court) to up to $1,000 if the driver fights the ticket in court and is convicted.

   • Demerit Points: Convictions result in 3 demerit points being added to the driver's record.

   • License Suspension: For repeat offenders, there can be license suspensions of 3, 7, or 30 days for second, third, and subsequent offenses within a 5-year period.

5. Purpose:

   • The intent behind Section 78(1) is to reduce distracted driving, which is a leading cause of accidents on the road. By prohibiting the use of handheld devices while driving, the law aims to keep drivers focused on the road and reduce the risk of collisions.

This section is part of Ontario’s broader efforts to combat distracted driving, recognizing that even a momentary lapse in attention can have serious consequences.