Under section 78.1 of the Highway Traffic Act, distracted driving in Ontario means holding or using a hand-held phone or device while driving — even for a second, even just to glance at it, and even while stopped at a red light or in traffic. You don’t have to be typing or talking; simply holding the phone in your hand is enough to be charged. A mounted GPS and hands-free calling are allowed, but touching a device while you’re moving is not.
I’m Jon Cohen, Partner at NextLaw, a distracted driving ticket law firm in Ontario. Here’s what the law actually covers — and where the grey areas are.
What actually counts as distracted driving under section 78.1?
Under section 78.1 of the Highway Traffic Act, it’s illegal to hold or use a hand-held phone or device while you’re driving — even for a second, even just to glance at it. And “driving” includes when you’re stopped in traffic or sitting at a red light.
You don’t have to be typing or talking. Simply holding the phone in your hand is enough to get you charged. That’s why so many drivers are caught off guard: they weren’t using the phone in any obvious way, they were just holding it.
Is a GPS, hands-free calling, or eating distracted driving?
A mounted GPS is fine — as long as it’s secured and you set it before you start driving. Touching it while you’re moving is not. Hands-free calling is allowed.
Eating or drinking isn’t actually covered by the distracted driving law itself. But be careful: it can still get you a careless driving charge if it affects how you’re driving. So the line isn’t always where people assume it is.
Why do the details of the charge matter so much?
More of these charges run through Toronto than anywhere else in Ontario — it’s what we deal with every single day. And a lot of them come down to exactly how the officer says you were using the device.
Was the phone actually in your hand, or was it mounted? Were you using it, or just moving it out of the way? Those distinctions matter, and they’re often not as clear-cut as the ticket makes them sound — which is very often where a case can be challenged, when it’s handled properly. Every case is different, but the details are where the real questions live.
Frequently asked questions
Is holding your phone at a red light distracted driving in Ontario?
Yes. Driving” includes being stopped at a red light or in traffic, so simply holding a hand-held device at a red light can be a distracted driving charge under section 78.1.
Do you have to be typing or talking to be charged?
No. Merely holding a hand-held phone or device in your hand while driving is enough to be charged, even if you weren’t using it.
Is using a mounted GPS distracted driving?
A mounted, secured GPS set before you drive is allowed. Touching or handling it while the vehicle is moving is not.
Is eating while driving distracted driving in Ontario?
Eating is not covered by section 78.1 itself, but it can lead to a careless driving charge if it affects the way you’re driving.
This article is general information about Ontario law and is not legal advice. Services provided by a licensed lawyer and licensed paralegals at NextLaw. Every case is different; past results do not guarantee future outcomes.
