Cellphone Use While Driving

Penal Law

The basis for the prohibition

Section 443.1 of the Highway Safety Code prohibits any driver of a road vehicle from using a cellphone.

However, this use is exceptionally permitted when the phone is legally mounted on the vehicle and the driver is using it to operate a function related to driving or the vehicle’s usual equipment. Checking the time, changing a song, checking a GPS route, or answering a phone call are considered driving-related functions, provided the call is transmitted via Bluetooth. However, replying to a text message, glancing at an Instagram notification, or checking email are not associated with a driving-related function and are illegal at all times under the Highway Safety Code.

It is also permitted to have a cellphone in hand while driving, as long as it is not being used. Note that simply holding such a device gives rise to a presumption of use, which must be rebutted through credible testimony before a judge.

Far from trivial, using a portable electronic device while driving exposes the driver to serious penal consequences. The team at Lacroix Tarabay Légal reviews this frequent offence, its grey areas, and the recourses available to those who contest it before the courts.

The penalties involved

A driver stopped for cellphone use faces a fine ranging from $300 to $600, along with five demerit points on their driving record.

Police officers also have the power to immediately suspend a driver’s licence, for a period of 3 to 30 days, starting from the second interception for this reason within a two-year period. The table below summarizes the possible penalties and suspensions:

Situation	Applicable sanction
Initial offence	5 demerit points and $300 fine
First repeat offence (2 years)	5 points, 3-day suspension, $600 fine
Second repeat offence (2 years)	5 points, 7-day suspension, $600 fine
Third repeat offence (2 years)	5 points, 30-day suspension, $600 fine

Prohibited and permitted uses: where is the line?

Behaviours prohibited while driving:

• Making a call while holding the device
• Writing or reading a message, even when the screen rests on a fixed support
• Using the device for entertainment (Netflix, YouTube, social media)
• Checking a GPS displayed on a handheld cellphone
• Taking photos or filming yourself while driving

Behaviours tolerated under the law:

• Talking hands-free without holding the device
• Plugging in or unplugging the device, without looking at the screen
• Checking the cellphone screen to change a song or use its GPS, if the device is integrated into the vehicle or mounted on a support that does not obstruct the driver’s view

For a driver who simply picks up a phone that fell to the floor while stopped at a red light, this act should not, in principle, constitute an offence, though its interpretation by the courts depends on the specific circumstances of each case.

It is also permitted for a motorist to wear a single earpiece, often used for hands-free calls. The legislator does not sanction this mode of communication, as it is less likely to distract the driver than a call made directly on the cellphone.

Parking: a determining nuance

Can you check your cellphone while parked? Yes. The courts distinguish between being stopped (temporarily halted, where the driver remains « at the wheel ») and being parked (where the driver no longer has an immediate intention to move). Cellphone use remains illegal while stopped but becomes permitted while parked.

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