What is the penalty for texting and driving?

You may be in the middle of a whimsical text interaction with a love interest, or notice that a call is coming in from your boss, but if you're behind the wheel it’s time to put down that phone of yours. Using your cell phone while driving is classed as distracted driving and not only is it super dangerous, it’s also super illegal. Waiting until you have pulled over into a safe spot before you check your cell phone will not only save you demerits and a lot of money, it could also save your life!

What is distracted driving?

Distracted driving, simply put, is when you don’t have your full attention on the road. The less focussed you are on driving, the faster accidents can happen and often the worse they can be. Using your phone to talk, text, check maps or choose music while your driving counts distracted driving; meanwhile other activities such as eating, reading, or using your GPS also fall into the category. Distracting is a huge issue on our roads, with one study revealing that distracted driving causes more collisions than speeding and intoxication combined!

According to most laws, it doesn’t matter whether you are at top speed on the highway or stopped at a red light downtown, if you’re caught distracted driving it will cost you.

What is careless driving?

While using your cell phone while you drive is classified as distracted driving, it can also fall under the category of careless driving. Careless driving is when you endanger other people while driving, and it can easily be done if you’re too busy checking your texts to notice a pedestrian or a cyclist.

If you are convicted of careless driving you are facing six demerit points, fines up to $2,000, a licence suspension of up to two years and you could even end up with a jail terms of six months.

In a really bad situation you could even find yourself faced with a charge for dangerous driving-a serious criminal offence that includes jail terms of up to 10 years for causing bodily harm, of 14 years for causing death. Keep your eyes on the road!

What are the penalties for distracted driving?

Since 2008, every province and territory in Canada-except for Nunavut-have laws in place to reprimand cellphone use by drivers.

If you end up being convicted for distracted driving, the type of punishment you are given will depend largely on the type of license you hold at the time. If you hold a G1, G2, M1 or M2 licence, and are convicted of distracted driving, you’ll face the same fines as drivers with A to G licences, however you won’t receive any demerit points.

Ontario

If you have an A, B, C, D, E, F and/or G licence you’ll face a fine of $490 if settled in court, a fine of up to $1,000 if a court summons is issued or you fight the ticket and lose, plus three demerit points.

If you hold a novice license, instead of demerit points you will be faced with a 30-day suspension for a first conviction, a 90-day suspension for a second conviction and cancellation of your licence and removal from the GLS for a third conviction. In order to get your license back you must redo the entire GLS program.

British Columbia

In British Columbia you could face a fine of up to $167 plus three demerit points. Novice drivers are also banned from using hands-free equipment.

Alberta

Reading and writing are also included in the bracket of distracted driving, and if caught you will face a fine of $172, however demerit points are not given out for distracted driving.

Saskatchewan

Much like in BC, in Saskatchewan Novice drivers are not allowed to use hands-free devices. If you are caught distracted driving you face a fine of $280 and 4 demerit points.

Manitoba

While you will not gain any demerit points for distracted driving, the law in Manitoba means you will pay a fine of $199.80.

Quebec

In Quebec it is enough to warrant a conviction if you are simply holding your cell phone, even if you aren’t and don’t intend on using it. You will face three demerit points plus a fine of between $115 and $154.

New Brunswick

If you’re convicted of distracted driving in this province you can say hello to three demerit points and a fine of $172.50.

Nova Scotia

While you don’t receive demerit points for  using your cellphone while driving, you will be required to pay a fine anywhere from $164 to $337.

Prince Edward Island

If convicted you will receive three demerit points plus face a fine of anywhere from $250 to $400 depending on the severity of the situation.

Newfoundland

If caught using your cellphone while driving you face a whopping four demerit points and a fine from $100 up to $400.

Yukon

Driving while using your cellphone can cost you 3 demerit points and a fine of $250 if you’re found to be talking, texting or emailing on your portable device. Plus, novice drivers are not allowed to go hands-free.

Northwest Territories

If you’re caught using a hand-held device you will face a fine of $100 and three demerit points on your licence.

One thing remains the same in all provinces, though; cost doesn’t just stop at your payable fine either, once your insurance company get wind of your conviction and demerit points, you could see your premium skyrocket or face insurers declining to represent you all together.

Can I ever use my cell phone while driving?

While you can not physically use your cellphone while driving, there are a few exceptions if there is an urgent call you must take. Of course, the best thing to do is pull over into a safe spot and take the call, but alternatively you may use a hands-free or a secure mounted device if you hold a full licence.

In any situation, for both safety and to protect your licence, your best bet is to turn your phone onto silent and ignore it for the duration of the drive. Once you are at a stop, in a safe place, you can then answer any urgent communications that have came your way during the journey.