Tougher penalties for using a cell phone while driving since 2018

Since April 2018, it is now prohibited to use any device “designed to transmit or receive information or to be used for entertainment purposes, or to use a display screen”. This new provision is broader than the last since it does not only prohibit the use of devices equipped with a telephone function.

Thus, it is not just the cell phone that can be considered a source of distraction while driving. Some actions are punishable by law, such as reading a message on the car’s on-board computer screen when the information is not related to driving. Other examples: using a calculator, game console or Ipod while driving.

Section 443.1 of the Highway Safety Code essentially prohibits the driver of a road vehicle from using any device that transmits information, except in cases where:

  • the screen is integrated into the vehicle or it is installed on a support, removable or not, fixed to the vehicle;
  • the screen only displays information that is useful for driving the vehicle or related to the operation of its usual equipment, such as the use of the GPS, for example;
  • the screen is placed so as not to obstruct the view of the driver or cyclist;
  • it is possible to view and operate the screen without interfering with driving.

The penalties are severe for those who have been found guilty of an offense under section 443.1 of the Highway Safety Code: a fine varying between $300 and $600, five (5) demerit points on the driving record and, in the event of a repeat offence, the suspension of the driving license ranging from 3 to 30 days.