Is Distracted Driving A Criminal Offence?

Is distracted driving a criminal offence? If we look at the legislation, the answer is no. Distracted driving is not a criminal offence. It is not found in the Canadian Criminal Code. It is found under the Highway Traffic Act. That particular question is a euphemism, I’ll call it, for what the offence is really called.

What they’re talking about is an offence of using a handheld device, a cell phone charge. So distracted driving has to do with operating a motor vehicle and touching the driver touching that particular communication device. It’s found under section 78 of the Highway Traffic Act of Ontario or you can also find tenets of it under section 130 of the Highway Traffic Act, which is “careless driving”.

If convicted of either a cell phone charge or careless driving, they are not under the Canadian Criminal Code and they are not considered criminal offences. They are treated with significant concern because of the consequence for the fine. The demerit points, the potential of jail, and the impact that it may have if convicted under your insurance policy.

So for many reasons, people confuse whether it’s a criminal offense versus a non criminal offense because they are aware of the consequences to their pocketbooks, their bank accounts, their insurance rates, and the potential of losing driver’s license over this type of matter.