10.3 Distracted Driving, Stunt Driving & Other Licence Sanctions

Distracted Driving, Stunt Driving & Other Licence Sanctions

Quick Summary: In Ontario, distracted driving and stunt driving carry some of the most stringent sanctions in North America. Under Sections 78 and 78.1 of the Highway Traffic Act (HTA), holding or using any hand-held mobile device while driving—even while idling at a red light—is strictly illegal. Novice drivers convicted of distracted driving face 30-day to 90-day suspensions and eventual licence cancellation, while fully licensed drivers incur heavy fines, demerit points (3, then 6), and escalating suspensions. Stunt driving (including driving 40 km/h over a limit under 80 km/h, or 50 km/h over any limit) triggers an immediate 30-day roadside licence suspension and a 14-day vehicle impoundment, alongside post-conviction fines up to $10,000, 6 demerit points, and multi-year licence bans.

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Ontario Distracted Driving Legislation (HTA s. 78 & s. 78.1)

Distracted driving is a leading contributing factor in severe and fatal road collisions across Ontario. Under Section 78 and Section 78.1 of the Highway Traffic Act, operating a motor vehicle while dividing attention between the roadway and an electronic device is strictly prohibited.

The Core Prohibition: Hand-Held Devices

Drivers must not hold, touch, or manipulate any of the following items while operating a motor vehicle:

• Smartphones or mobile cell phones (texting, calling, scrolling social media, checking emails).
• Portable GPS navigation units (entering addresses, searching maps).
• Hand-held video games, music players, or tablet computers.
• Viewing display screens visible to the driver that are unrelated to vehicle operation.

The "Red Light & Gridlock" Myth

A pervasive misconception among Ontario drivers is that texting or checking a phone is permitted while stopped at a red traffic light or trapped in bumper-to-bumper expressway gridlock.

Critical Legal Rule: The distracted driving law applies whenever you are in care and control of a motor vehicle on an active highway. You are still driving even when stopped at a red light or waiting in traffic. Picking up a phone at a red light will result in an immediate ticket, fine, and licence suspension.

[Car Stopped at Red Light] ---> Driver picks up phone to check text ---> ILLEGAL!
                                (Conviction: Full distracted driving penalties apply!)

What is Lawfully Permitted?

To remain compliant with Ontario law, drivers may only use electronic devices under strict conditions:

• Hands-Free Technology: Devices with an earpiece, lapel button or Bluetooth. Touch them only to turn them on and off.
• Mounted Devices: A phone or GPS that is securely mounted may be touched only to press a button to make, answer or end a call. Program a GPS only by voice while driving, or set your route before you leave.
• Calling 911: You may touch a device to call police, fire or ambulance in an emergency. Ontario advises pulling off the road to a safe area to make the call.
• Not covered by the law, but still dangerous: eating, drinking, grooming, smoking, reading and reaching for objects are not part of the distracted-driving law, but you can still be charged with careless or dangerous driving.
• Safely Pulled Off the Road: Using a hand-held phone is legal only when the vehicle is safely pulled off the traveled roadway and lawfully parked.

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Distracted Driving Penalties: Novice vs. Fully Licensed Drivers

Penalties for distracted driving in Ontario differ significantly based on the driver's licensing status:

+---------------------------------------------------------------------------------------------------+
|                             DISTRACTED DRIVING PENALTIES COMPARISON                               |
|                                                                                                   |
|   Conviction   | Novice Drivers (Class G1 & G2)        | Fully Licensed Drivers (Class G)         |
|   ------------ | ------------------------------------- | ---------------------------------------- |
|   1st Offence  | 30-day licence suspension (0 points)  | $615–$1,000 fine + 3 points + 3-day susp |
|   2nd Offence  | 90-day licence suspension (0 points)  | Up to $2,000 fine + 6 pts + 7-day susp   |
|   3rd Offence  | Licence cancelled (Ejected from GLS)  | Up to $3,000 fine + 6 pts + 30-day susp  |
+---------------------------------------------------------------------------------------------------+

Novice Drivers (G1 and G2)

Novice drivers are subject to direct graduated licensing sanctions under Ontario's escalating penalty framework:

• First Conviction: Mandatory 30-day driver's licence suspension.
• Second Conviction: Mandatory 90-day driver's licence suspension.
• Third Conviction: Cancellation of the licence and removal from the Graduated Licensing System. To get a licence back, you must redo the GLS program.
• Novice drivers pay the same fines as other drivers.
• Demerit Points Note: Novice drivers receive 0 demerit points for distracted driving because the ministry applies immediate mandatory licence suspensions instead.

Fully Licensed Drivers (Class G)

• First Conviction: Out-of-court settlement fine of $615 (or up to $1,000 if contested in court), 3 demerit points, and an automatic 3-day driver's licence suspension upon conviction.
• Second Conviction: $615 if settled out of court, or up to $2,000 in court, 6 demerit points, and a 7-day licence suspension.
• Third and Later Convictions: $615 if settled out of court, or up to $3,000 in court, 6 demerit points, and a 30-day licence suspension.
• A reinstatement fee applies each time your licence is suspended.

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Stunt Driving & Street Racing (HTA s. 172)

Section 172 of the Ontario Highway Traffic Act governs stunt driving, street racing, and extreme driving maneuvers that jeopardize life and property.

Statutory Definitions of Stunt Driving

Under Ontario law, stunt driving includes:

1. Speeding 40 km/h or more over the limit where the posted speed limit is less than 80 km/h (e.g., travelling 90 km/h in a 50 km/h residential or urban zone).
2. Speeding 50 km/h or more over the limit where the posted speed limit is 80 km/h or higher (e.g., travelling 150 km/h on a 100 km/h 400-series highway).
3. Conducting Stunts or Tricks: Popping wheelies on motorcycles, intentional burnouts, drifting, spinning donuts, driving side-by-side to block traffic, driving with someone in the trunk, or driving without occupying the driver's seat.

Immediate Roadside Sanctions (Before Court Adjudication)

Under the Moving Ontarians More Safely (MOMS) Act, an officer who has reasonable grounds to believe a driver engaged in stunt driving immediately imposes:

• Mandatory 30-Day Roadside Licence Suspension: The driver's physical licence is seized on the spot.
• Mandatory 14-Day Vehicle Impoundment: The vehicle is towed to an impound yard for 14 days, regardless of who owns it, and the owner pays the towing and storage fees.

[Stunt Driving Detected by Police] ---> [Immediate 30-Day Roadside Licence Suspension]
                                  ---> [Immediate 14-Day Vehicle Impoundment (Owner Pays Fees)]

Conviction Penalties in Court

Upon formal conviction in provincial court under HTA s. 172:

• Fines: $2,000 to $10,000.
• Demerit Points: 6 demerit points added to driving record.
• Imprisonment: Potential jail sentence of up to 6 months.
• Driver Improvement Course: A mandatory driver improvement course.
• Post-Conviction Licence Suspensions:
  • 1st Conviction: Minimum 1-year up to 3-year licence suspension.
  • 2nd Conviction: Minimum 3-year up to 10-year licence suspension.
  • 3rd Conviction: Lifetime suspension (reviewable after 10 years).
  • 4th Conviction: Permanent, irreversible lifetime driving ban.

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Other Mechanisms of Driver's Licence Suspension

Demerit points and moving violations are not the only avenues through which an Ontario driver can lose their driving privileges:

1. Driving While Suspended

The handbook says you may not drive under any circumstances while your licence is suspended:

• HTA suspension: fines in the thousands of dollars, up to six months in jail, and six months added to your current suspension.
• Criminal Code suspension: fines of tens of thousands of dollars and jail time.
• Impoundment: Driving under an HTA suspension brings a 7-day impoundment. Driving while suspended for a Criminal Code offence brings at least 45 days. Both apply even if the vehicle is borrowed or rented, and owners can check a driver's licence status before lending a car.

Careless Driving

Careless driving means driving without due care and attention, or without reasonable consideration for others. It includes distraction from hand-held or hands-free devices. Ontario.ca lists 6 demerit points, fines up to $2,000 and/or up to six months in jail, and a suspension of up to two years. Dangerous driving is a criminal offence with far heavier penalties.

Failing to Stop for Police

Failing to stop for police brings 7 demerit points, and the handbook's mandatory HTA suspensions include a minimum of five years. Your licence is also suspended if you don't pay a court-ordered traffic fine.

Other Aggressive-Driving Offences

The handbook lists these as dangerous behaviours: driving 40 km/h or more over the limit on roads posted under 80 km/h, driving 50 km/h or more over the limit, preventing another vehicle from passing, intentionally cutting off another vehicle, street racing, and stunts. A connected nitrous-oxide system may not be used while driving on a highway.

2. Medical Suspensions (HTA s. 203)

Under the HTA, doctors, optometrists and nurse practitioners must report anyone 16 or older who has a condition that may make driving dangerous, such as a stroke, a heart condition or dizziness. The handbook says your licence may be suspended until new medical evidence shows the condition is not a safety risk. The information goes only to the Ministry of Transportation.

3. Defaulted Provincial Traffic Fines

The handbook lists a mandatory HTA suspension if you don't pay a traffic fine when ordered by the court. The licence stays suspended until the fine and the reinstatement fee are paid. Unpaid fines, tolls and parking tickets can also stop your licence plate from renewing.

4. Family Responsibility Office (FRO) Sanctions

Under the Family Responsibility and Support Arrears Enforcement Act, if a driver defaults on court-ordered child support or spousal support payments, the Family Responsibility Office has statutory authority to direct the MTO to suspend the payor's driver's licence until financial obligations are resolved.