The Law: HTA Section 78.1 and Red Light Distracted Driving in Ontario
Many Ontario drivers believe they can safely check their phone while stopped at a red light. This assumption is completely wrong and costs thousands of drivers a ticket every year. The law is clear: Section 78.1(1) of the Highway Traffic Act prohibits any person from driving a motor vehicle on a highway while holding or using a hand-held wireless communication device. The critical word here is “driving”—and under Ontario law, “driving” includes being in care and control of the vehicle.
What does “in care and control” mean? It means you are physically in the driver’s seat, the keys are in the ignition (or the vehicle is running), and you have the ability to operate the vehicle. A red light does not exempt you from this definition. When you are stopped at a traffic signal, you are still considered to be driving because you must remain alert, ready to accelerate when the light turns green, and in control of the vehicle.
The 2025 Ontario statistics underscore just how serious this issue has become. Province-wide, 55,086 distracted driving charges were laid in 2025 alone, with many issued right at intersections where drivers let their guard down. Between 2016 and 2025, Ontario issued approximately 590,000+ distracted driving charges, demonstrating that this is not an unusual or rare enforcement pattern—it is routine.
The “Safely Parked” Exception
Section 78.1(6) of the HTA provides one critical exception: the law does not apply if your vehicle is “safely parked.” However, this exception is much narrower than most drivers believe. A vehicle is considered “safely parked” only if it is:
- Off the roadway (e.g., in a parking lot, driveway, or pulled completely off to the shoulder)
- In a location where it is not interfering with traffic flow
Important clarification: The engine can be on, but the vehicle must be truly parked. Stopped at a red light? Not safely parked. Stopped at a drive-through window? Not safely parked. Stopped in bumper-to-bumper traffic? Not safely parked. Stopped at a railway crossing? Not safely parked. In all of these scenarios, you remain in care and control, and using your phone is illegal.
Where You CAN’T Use Your Phone in Ontario Traffic
The distracted driving law applies in many situations that drivers mistakenly think are “safe” or exempt:
- At a red light or stop sign: Even though the vehicle is stopped, you are in care and control and considered to be driving.
- In drive-through windows: Whether at a bank, restaurant, or pharmacy, you cannot use your phone while in the drive-through lane.
- In bumper-to-bumper traffic or rush-hour congestion: If you are not completely off the roadway and parked, you are driving and cannot use your phone.
- At railway crossings: Stopped or waiting for a train to pass, you are still in care and control of the vehicle.
- In parking lots while looking for a spot: You are still driving and in control of the vehicle as you navigate the lot.
- In a car wash queue: Sitting in line waiting for your turn means you are driving, not parked.
The common thread in all these situations is that you are in care and control of the vehicle, even if it is temporarily stationary. Ontario courts and police enforcement are consistent on this point: stationary does not equal parked.
Distracted Driving Ticket Penalties in Ontario
The financial and legal consequences of a distracted driving conviction are steep and increase with each subsequent offence:
| Offence | Set Fine | Court Fine Range | Demerit Points | Licence Suspension |
|---|---|---|---|---|
| 1st Offence | $615 | $500–$1,000 | 3 | 3 days |
| 2nd Offence | $615 | $500–$2,000 | 6 | 7 days |
| 3rd or Subsequent | $615 | $500–$3,000 | 6 | 30 days |
The True Cost: Ticket Plus Insurance Impact
That $615 ticket is only the beginning. Here’s what drivers fail to consider:
- Insurance surcharge: A distracted driving conviction is classified as a major conviction by insurers. Expect a surcharge of 100–150% on your insurance premium.
- Real cost over 3 years: The $615 ticket can translate to $10,000+ in additional insurance costs over three years, depending on your current rate and insurer.
- Legal defence cost: If you choose to fight the ticket in court, expect legal fees in the range of $800–$1,200.
- Demerit points impact: 3–6 demerit points puts you closer to a licence suspension and affects your driving record for 2 years.
A single moment of checking your phone at a red light can cost you thousands of dollars and create a permanent mark on your driving history.
Distracted Driving Enforcement in Ontario: The Numbers
Ontario police take distracted driving enforcement seriously, and the statistics prove it. Law enforcement officers are trained to spot drivers using hand-held devices at traffic lights, and they actively patrol intersections looking for violations. Here’s what the data shows:
- 2025 Province-wide: 55,086 distracted driving charges
- 2016 (peak year): 102,420 charges
- 10-year total (2016–2025): Approximately 590,000+ charges across Ontario
- Ottawa (major enforcement hub): 14,975 total charges over the decade
- London: Over 12,000 total charges
These numbers show that distracted driving enforcement is not a minor or inconsistent initiative. It is a sustained, high-volume enforcement priority in every major city across Ontario. Intersection enforcement is particularly active in urban areas like Toronto, Ottawa, and London, where traffic is heaviest and police have the greatest visibility.
What to Do If You Receive a Distracted Driving Ticket in Ontario
If you have been issued a distracted driving ticket at a red light or anywhere else in Ontario, you have options. Paying the fine and accepting the conviction is NOT your only choice. Many drivers do not realize they can fight the charge and potentially eliminate or reduce the conviction.
Your Immediate Steps
- Do not ignore the ticket. Failing to respond will result in automatic conviction and potential default judgment.
- Review the ticket carefully. Check the officer’s notes, the date, time, location, and description of the alleged violation. Look for any inconsistencies or procedural errors.
- Contact NextLaw as soon as possible. The sooner you reach out, the more time we have to investigate your case and build a defence strategy.
- Do not pay the fine before consulting with a lawyer. Paying the fine typically constitutes an admission of guilt.
How NextLaw Can Help
NextLaw specializes in distracted driving defence across Ontario. Our approach includes:
- Thorough case review: We examine the officer’s observations, the equipment used to detect your phone use, visibility conditions, and whether proper police procedures were followed.
- Crown negotiation: In many cases, we can negotiate with the Crown Attorney to reduce or withdraw the charge without going to trial.
- Court representation: If your case proceeds to trial, we represent you in court and challenge the evidence against you.
- Conviction reduction: Even if we cannot eliminate the charge entirely, we often can reduce it from distracted driving to a lesser offence, preserving your insurance rates and record.
Why Choose NextLaw for Your Distracted Driving Defence in Ontario
Distracted driving cases are our specialty. We have handled hundreds of cases at red lights, in drive-throughs, and in traffic across Ontario. Our team understands the nuances of HTA Section 78.1, the “safely parked” exception, and how to challenge the Crown’s evidence effectively.
We serve the following Ontario courts:
Toronto
Old City Hall
60 Queen Street West
Ottawa
161 Elgin Street
London
80 Dundas Street
Mississauga
950 Burnhamthorpe Road West
Hamilton
50 Main Street East
Guelph
36 Wyndham Street South
What Our Clients Say About NextLaw
Our clients have experienced outstanding results and professional service from our team:
“Jon knew exactly how to handle my case, knew the results I was going to get and all in all couldn’t ask for a smoother process.”
— J. M.
“Wonderful service at NextLaw explained in detail every step of the way! Was updated through texts and phone calls. Thank you NextLaw!”
— D. L.
“I had an excellent experience with Jon and the team at NextLaw. Their professionalism, dedication, and expertise ensured a successful outcome in court. Jon was thorough, responsive, and made the process stress-free. I highly recommend NextLaw to anyone in need of expert legal representation.”
— M. K.
“NextLaw is amazing! They got me off a stunting charge and had it reduced to just a 29 km/h speeding ticket. The process was smooth, and they really know their stuff. Super friendly, professional, and always kept me in the loop. Highly recommend!”
— R. S.
“Helped me tremendously, to help fix my situation with no interruptions to my life. I would highly recommend next law to help with any traffic situation you dealing with.”
— W. G.
Frequently Asked Questions: Distracted Driving at Red Lights in Ontario
Can you get a distracted driving ticket at a red light in Ontario?
Yes, absolutely. Under HTA Section 78.1, being stopped at a red light does not exempt you from the distracted driving law. You are still in care and control of the vehicle and considered to be driving. Police actively enforce this law at traffic lights, and many of the province’s 55,000+ annual distracted driving charges are issued at intersections.
What exactly is the “safely parked” exception?
The “safely parked” exception under Section 78.1(6) applies only when your vehicle is off the roadway and truly parked—for example, in a parking lot, your driveway, or pulled completely off the shoulder away from traffic. The engine can be on. However, being stopped at a red light does NOT count as safely parked because you are still on the roadway, in care and control, and expected to resume driving when the light changes.
What are the penalties for a first distracted driving ticket in Ontario?
A first offence carries a set fine of $615 (or court fine of $500–$1,000), 3 demerit points, and a 3-day licence suspension. A second offence increases to $615 set fine ($500–$2,000 court fine), 6 demerit points, and a 7-day suspension. A third or subsequent offence carries the same set fine ($500–$3,000 court fine), 6 demerit points, and a 30-day suspension.
How much will a distracted driving ticket really cost me?
The ticket itself is $615, but that is only a fraction of the true cost. A distracted driving conviction is classified as a major conviction by insurance companies, typically resulting in a 100–150% surcharge on your insurance premium. Over three years, the additional insurance cost can exceed $10,000. Add legal fees of $800–$1,200 to fight the charge, and the total impact can easily reach $11,000–$12,000. This is why hiring a lawyer to defend your case often pays for itself by reducing or eliminating the conviction.
Can I use my phone at a drive-through in Ontario?
No. Sitting in a drive-through lane—whether at a bank, fast-food restaurant, pharmacy, or anywhere else—counts as driving under HTA Section 78.1. You are not safely parked; you are in care and control of the vehicle waiting to move through the drive-through. Using your phone in a drive-through can result in a distracted driving ticket.
What if I was stopped in bumper-to-bumper traffic?
You still cannot use your phone. Bumper-to-bumper traffic does not exempt you from the distracted driving law. You remain in care and control of the vehicle on the roadway. Police understand that traffic jams happen, and they do issue tickets for phone use in stopped or slow-moving traffic.
How many distracted driving tickets are issued in Ontario?
In 2025 alone, 55,086 distracted driving charges were laid across Ontario. The province saw a peak of 102,420 charges in 2016. Between 2016 and 2025, Ontario issued approximately 590,000+ distracted driving charges. Major cities like Ottawa (14,975 charges over the decade) and London (12,000+ charges) see particularly heavy enforcement at intersections.
Should I just pay the ticket or fight it?
Do not automatically pay the ticket. Paying the fine is essentially an admission of guilt, and you will be convicted. Given the impact on insurance, demerit points, and your driving record, it is almost always worth consulting with NextLaw about your defence options. In many cases, we can negotiate with the Crown to reduce or withdraw the charge, or we can challenge the evidence in court. The investment in legal representation often saves you thousands in insurance surcharges and protects your record.
Don’t Face a Distracted Driving Charge Alone: Contact NextLaw Today
If you have been charged with distracted driving at a red light—or anywhere else in Ontario—NextLaw is ready to help. We have the expertise, experience, and track record to defend your case effectively. Whether through Crown negotiation or court representation, we work to reduce or eliminate the conviction and protect your driving record and insurance rates.
Every day you wait is a day closer to your court date. The sooner you contact us, the sooner we can begin building your defence strategy.
Contact NextLaw for Your Free Consultation
Contact NextLaw now:
- Call: Available across Toronto, Ottawa, London, Mississauga, Hamilton, and Guelph
- Online: https://distracted-call.nextlaw.ca
Disclaimer: This article provides general legal information about distracted driving law in Ontario and does not constitute legal advice. Every case is unique. If you have been charged with an offence, you should consult with a qualified criminal defence lawyer or traffic lawyer before making any decisions. NextLaw is committed to providing expert legal representation in traffic matters across Ontario courts.
