Section 78(1): Ontario’s Distracted Driving Laws Explained

Distracted driving has become one of the most significant road safety issues in Ontario and across Canada in recent years. To address this growing problem, the Ontario government introduced Section 78(1) of the Highway Traffic Act, which prohibits using hand-held devices while driving. This article provides a detailed overview of Section 78(1), its implications for drivers, and its impact on road safety in Ontario.

Background and Context

With the proliferation of smartphones and other mobile devices, distracted driving emerged as a significant concern. Studies have shown that using a phone while driving significantly increases the risk of accidents. In response, Ontario first banned hand-held devices while driving in 2009. Section 78(1) was later introduced to strengthen and clarify these laws.

Key Provisions of Section 78(1)

• Section 78(1) of the Highway Traffic Act states: “No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device capable of receiving or transmitting telephone communications, electronic data, mail or text messages.”This provision covers a wide range of devices and activities, including Smartphones and cell phones
• Tablets and portable computers
• GPS devices (unless securely mounted)
• MP3 players and other portable entertainment devices
• Any device capable of texting, emailing, or accessing the internet

It’s important to note that the law applies when a vehicle is in motion and when stopped at traffic lights or in traffic. The only exception is when a driver safely pulls off the road without impeding traffic.

Prohibited Activities

• Under Section 78(1), drivers are prohibited from Holding a device in their hand.
• Using a device to talk, text, email, or browse the internet
• Viewing or manipulating display screens unrelated to driving
• Programming GPS devices (unless voice-activated)

Exemptions and Permitted Uses

• The law does allow for some exemptions and permitted uses, such as Hands-free devices that can be operated with minimal physical interaction.
• Calling 911 in an emergency
• Use by law enforcement, paramedics, and firefighters during their duties.
• Viewing specific display screens (e.g., collision avoidance systems, instrument clusters)

Penalties for Violations

The penalties for violating Section 78(1) have become increasingly severe, reflecting the government’s commitment to curb distracted driving. As of 2024, the penalties are as follows:

For fully licensed drivers (A-G class license):

• First offence: Fine of \$615 to \$1,000, 3 demerit points, 3-day license suspension.
• Second offence (within five years): Fine of $615 to $2,000, 6 demerit points, 7-day license suspension
• Third and subsequent offences: Fine of $615 to $3,000, 6 demerit points, 30-day license suspension

For novice drivers (G1, G2, M1, M2):

• First offence: Same fines as above, but no demerit points. Instead, 30-day license suspension
• Second offence: 90-day license suspension
• Third offence: License cancellation and removal from the Graduated Licensing System

In addition to these penalties, convicted drivers may face significantly increased insurance premiums. Some insurance companies have reported premium increases of up to 25% for a first distracted driving conviction.

Impact on Road Safety

Since the introduction of Section 78(1) and the subsequent strengthening of penalties, there has been a noticeable impact on road safety in Ontario:

1. Reduced Collision Rates: While comprehensive long-term data is still being collected, initial reports suggest a decrease in collisions attributed to distracted driving.
2. Increased Awareness: Public education campaigns accompanying the law have raised awareness about the dangers of distracted driving.
3. Behaviour Change: Surveys indicate that more drivers use hands-free options or avoid device use altogether while driving.
4. Enforcement Challenges: Police have reported challenges in enforcing the law, as some drivers have become adept at concealing device use.

Criticisms and Controversies

Despite its positive impact, Section 78(1) has faced some criticisms:

1. Scope of the Law: Some argue that the law doesn’t address other forms of distraction, such as eating or applying makeup while driving.
2. Technological Solutions: Critics suggest that more emphasis should be placed on technological solutions that turn off devices while driving.
3. Hands-Free Devices: There is ongoing debate about whether hands-free devices are significantly safer, as cognitive distraction remains a concern.

Public Education and Awareness Campaigns

Recognizing that legislation alone cannot change behaviour, the Ontario government has invested in extensive public education and awareness campaigns. These campaigns aim to:

• Highlight the dangers of distracted driving.
• Educate drivers about the legal consequences of violations.
• Promote safe alternatives, such as hands-free technology.
• Encourage passengers to speak up when drivers use devices.

Enforcement Strategies

Law enforcement agencies in Ontario have developed various strategies to enforce Section 78(1):

• Unmarked vehicles and plainclothes officers to catch offenders
• Elevated vantage points to spot drivers using devices
• Targeted blitz campaigns during high-risk periods
• Collaboration with community partners for education and enforcement

Comparison with Other Jurisdictions

Ontario’s distracted driving laws are among the strictest in Canada. However, other provinces have implemented similar legislation:

• British Columbia: Fines up to \$1,000 and 4 demerit points for a first offence
• Alberta: $300 fine and three demerit points
• Quebec: Fines ranging from $300 to $600 and 5 demerit points

Many countries internationally have implemented similar laws, with penalties ranging from fines to license suspensions and even imprisonment for repeat offenders.

Future Developments

As technology continues to evolve, so will the challenges associated with distracted driving. Some potential future developments include:

1. Integration with Vehicle Systems: More vehicles may incorporate systems that automatically disable or limit device functionality while driving.
2. Enhanced Detection Technologies: Law enforcement may gain access to technologies that can detect device use within moving vehicles.
3. Expanded Scope: The law may be broadened to address other forms of distraction more comprehensively.
4. Increased Penalties: If distracted driving remains a significant issue, penalties may be further increased to deter violations.