Holding Cellphone While Driving: Legal Implications in Ontario

Running head: LAW
Law
Name of the Student
Name of the University
Author Note

1LAW
Citation
Cbc.ca. (2018). Retrieved from https://www.cbc.ca/news/canada/ottawa/holding-cellphone-
in-hand-while-driving-illegal-in-ontario-1.1871323
Highway Traffic Act, R.S.O. 1990, c. H.8
R. v. Fabian, 2015 ONCJ 55
R. v. Kazemi (2013 ONCA 585)
R. v. Pizzurro (2013 ONCA 584)
Theglobeandmail.com (2018). [online] Available at:
https://www.theglobeandmail.com/globe-drive/news/dont-hold-the-phone-ontarios-
top-court-says-its-illegal-to-have-cell-in-hand-while-driving/article14584208/
[Accessed 27 Nov. 2018].
Thespec.com (2018). Retrieved from https://www.thespec.com/news-story/2248272-
distracted-driving-ok-to-briefly-hold-cellphone-judge-rules/
Thestar.com. (2018). Retrieved from
https://www.thestar.com/news/crime/2013/09/27/its_illegal_to_even_hold_a_cellphon
e_while_driving_court_rules.html
Facts
A police officer issued a ticket to Amanda for violating Section 78.1 (1) of the
Highway Traffic Act. Amanda was driving a car, having her two years daughter in the
backseat. Her daughter, Emily threw an old cell phone which landed in the cup holder
between the front seats. Amanda was picking up the phone while she was caught by the
police officer.

2LAW
Issue
Whether Amanda could fight the ticket for violating Section 78.1(1) of the Highway
Traffic Act, R.S.O. 1990, c. H.8.
Law
Ontario has banned the holding and use of any hand-held devices such as cell phones
at the time of driving. Section 78.1 (1) of the Ontario Highway Traffic Act R.S.O. 1990, c.
H.8 prohibits the use of any hand-held devices while driving. This Section provides that a
person, while driving a motor vehicle should not hold or use a hand-held wireless device for
communication or other prescribed devices which are capable of transmitting or receiving
electronic data, text messages or telephone communications. The Ontario Highway Traffic
Act R.S.O. 1990, c. H.8 imposes a strict penalty for the contravention of the Section 78.1 (1)
of the Act. Any activities that causes the driver to lose his focus while driving on the road,
shall be deemed as distracted driving. Such activities includes the simply holding of an
electronic device in the hand irrespective of whether it was operable or non-operable at that
time (Cbc.ca. 2018). If a person is caught while breaking the law, he shall be subjected to a
fine of $500 to $1000. In a serious situation, the police can lay a Careless Driving charge
under the Highway Traffic Act and that carries a hefty penalty amounting to six demerit
points, fines up to the amount of $2000 and if required, up to five years of jail terms.
The main purpose of banning the use of hand-held devices while driving was to
ensure that any risk related to the road safety caused by the distraction of the driver is
eliminated. The Section 78.1 (1) of the Ontario Highway Traffic Act R.S.O. 1990, c. H.8
removes the temptation of the driver to use the cell phone at the time of driving. This Section
prevents the possibility of the cell phone interfering with the capability of the driver to drive.
R. v. Kazemi (2013 ONCA 585)