Distracted Driving in Ontario? Demerit Points Will Cost You!

Distracted driving, a grave concern and one of the leading causes of accidents and fatalities on Ontario roads in recent years, has prompted the province to implement strict laws and penalties. These measures are aimed at combating this dangerous behaviour, which includes using handheld devices or engaging in other distracting activities behind the wheel such as using a cel phone. A crucial aspect of these penalties is the assignment of demerit points, which can significantly impact a driver’s license and insurance rates. This article will delve into the demerit point system in Ontario as it relates to distracted driving charges, including the number of points assigned, how they accumulate, and the potential ramifications for drivers.

The demerit point system in Ontario is a crucial tool designed to track driving infractions and identify high-risk drivers. All drivers start with zero points on a clean driving record. Points are then added for various traffic violations and remain on a driver’s record for two years from the date of the offence. It’s important to note that demerit points are not something positive that drivers want to accumulate. Instead, they are penalties assigned for breaking traffic laws. The more serious the offence, the more demerit points are typically added to a driver’s record. Adhering to this system is not just a legal requirement, but a necessary step towards ensuring road safety for all.

Demerit Points for Distracted Driving

As of 2022, a distracted driving conviction in Ontario results in:

• 3 demerit points added to the driver’s record

This applies to fully licensed drivers (holders of G, M, A, B, C, D, E, or F class licenses). For novice drivers with G1, G2, M1 or M2 licenses, the penalties are different and do not include demerit points, as will be discussed later. The 3 demerit points for distracted driving are in addition to other penalties, which include:

• Fines ranging from $615 to $1000 for a first offence
• A 3-day license suspension for a first offence

These penalties increase for subsequent offences within five years.

Accumulation of Demerit Points

Demerit points can accumulate quickly for repeat offenders or those who commit multiple infractions in a short period. Here’s how the Ontario Ministry of Transportation responds to demerit point accumulation for fully licensed drivers:

• At 2-8 points: The driver is sent a warning letter.
• At 9-14 points: The driver may be required to attend an interview to explain their record. Their license could be suspended if they don’t attend.
• At 15+ points: The driver’s license is automatically suspended for 30 days

For novice drivers, the thresholds are lower:

• At 2-5 points: The driver is sent a warning letter
• At 6-8 points: The driver may be required to attend an interview
• At 9+ points: The driver’s license is automatically suspended for 60 days

Impact on Insurance Rates

While demerit points do not directly affect insurance rates, the convictions that lead to demerit points certainly do. Ontario insurance companies have access to drivers’ records and use this information to assess risk and set premiums. A distracted driving conviction, with its associated 3 demerit points, can lead to significantly higher insurance rates for several years following the offence.

Penalties for Novice Drivers

The penalties for distracted driving are even more severe for novice drivers (those with G1, G2, M1, or M2 licenses). While they do not receive demerit points, they face longer license suspensions:

• First offence: 30-day license suspension
• Second offence: 90-day license suspension
• Third offence: Cancellation of their license and removal from the Graduated Licensing System

These harsher penalties reflect the higher risk of inexperienced drivers engaging in distracted behaviour.

Other Offenses Related to Distracted Driving

It’s worth noting that distracted driving charges can sometimes escalate to more serious offences, depending on the circumstances. For instance:

• Careless Driving: This charge carries six demerit points, fines up to $2000, and possible jail time of up to 6 months.
• Dangerous Driving: This criminal offence carries even stiffer penalties and can result in jail time of up to 10 years if it causes bodily harm.

Exceptions to Distracted Driving Laws

While the use of handheld devices is generally prohibited while driving, there are a few exceptions:

• Calling 911 in an emergency
• When the vehicle is safely pulled off the roadway or lawfully parked
• The use of devices with a hands-free function, as long as they are securely mounted

Prevention and Best Practices

To avoid accumulating demerit points and facing severe penalties, drivers in Ontario should:

• Put away all handheld devices before starting to drive
• Set up GPS and music playlists before beginning the journey
• Use voice commands or hands-free options if necessary
• Pull over safely if a call or text cannot wait
• Educate passengers about the importance of not distracting the driver

What does this all mean for my Distracted Driving charge and my driving record?

Distracted driving is a severe offence in Ontario, as reflected in the three demerit points and other penalties assigned upon conviction. These points, combined with fines and license suspensions, serve as a strong deterrent against engaging in distracting behaviours while driving. The accumulation of demerit points can lead to further consequences, including mandatory interviews, license suspensions, and increased insurance premiums. For novice drivers, the stakes are even higher, with the potential for removal from the Graduated Licensing System after repeated offences. All drivers in Ontario should be aware of these penalties and take proactive steps to avoid distracted driving. By focusing solely on the task of driving and eliminating potential distractions, drivers can help make Ontario’s roads safer for everyone. Ultimately, the demerit point system for distracted driving in Ontario underscores the province’s commitment to road safety. By imposing significant penalties and tracking infractions through demerit points, Ontario aims to reduce the incidence of distracted driving and the accidents, injuries, and fatalities that can result from this dangerous behaviour.