What is distracted driving and what are the consequences of driving while distracted?

Yes, you'll be fined for using a handheld cell phone while driving in Canada. The amount of the fine varies depending on the province or territory, but they're often quite hefty: In Ontario, for example, the fine for distracted driving begins at $615.¹⁵ You'll also receive demerit points in most provinces as well (again, the number of points will vary depending on the province or territory where the offence occurred).¹⁶

Yes, it's considered distracted driving to use your handheld cell phone while you're stopped at a red light, because even while you're momentarily stopped, you're still operating a vehicle vehicle.

Pulling over to the side of the road can be a good option if you absolutely need to check your phone, but only if you're on a stretch of road where it's legal and safe to pull over.

So, for example, if you're on a section of road or highway where parking on the shoulder is prohibited or pulling over is only permitted in emergency situations, you should continue driving until you reach a spot where you can legally and safely pull over without impeding traffic. And remember, after pulling over, you should come to a complete stop before you check your phone.

In addition to paying a fine and receiving demerit points, several provinces have imposed other administrative penalties for distracted driving. Depending on the jurisdiction, these consequences might include:¹⁷

• Licence suspension
• Driver improvement program enrolment
• Vehicle impoundment

Careless driving means driving without due care and attention (the specific legislative wording will vary depending on the province or territory). This offence catches any type of unsafe driving. So if a distracted driving behaviour—whether it's texting or eating or anything else that distracts you while driving, causes you to drive carelessly or in an unsafe manner—you could be charged with the offence of careless driving.

Careless driving typically attracts more serious penalties than a distracted driving offence. The fines tend to be higher, with more demerit points lost. And in Ontario, careless drivers can face jail time of up to six months (or up to two years, if the offence results in bodily harm or death).¹⁸

Careless driving (and distracted driving) shouldn't be confused with dangerous driving involving bodily harm or death, which is an offence under Canada's Criminal Code.¹⁹ Because dangerous driving is a criminal offence, it requires proof of a deliberate intent to create a dangerous situation, and a momentary lapse of attention caused by a moment of distraction, on its own, won't generally be enough to establish this intent.²⁰

Yes, a distracted driving conviction will affect your car insurance, because your driving record is one of the factors insurers look at when calculating the cost of your car insurance premium. It might also jeopardize any discounts you're receiving for having a good driving record, your renewal eligibility with your current provider, or your ability to obtain a new policy from a different insurer.

The impact on your car insurance costs will generally depend on how long the conviction stays on your driving record, but your insurer might continue taking the conviction into account for a longer period.

The length of time a conviction for distracted driving shows on your driving record will vary depending on the jurisdiction where the conviction was issued, and the type of driving record you order. In Ontario, for example, you'd usually order a 3 year driving record for insurance purposes. This record will show any Highway Traffic Act convictions for the past three years.²¹

The good news? Most driving distractions are within your control. Here are some things you can do to help avoid driving while distracted:

• Keep your phone out of reach. This might mean putting it in the glove compartment, centre console, or on the back seat—anywhere that's difficult for you to reach. Hopefully the challenge of reaching for it will remind you not to try reaching for it. 
• Set your phone to "Do Not Disturb While Driving". It's a good idea to use this setting if your smartphone offers it. Some phones automatically turn on this mode when they're connected to your car's Bluetooth, while others might require you to turn it on manually. 
• Program your destination on your GPS before you go. Tapping in an address on your GPS, whether you're using a separate device or an on-screen one, is a major distraction once you're already on the go. If you need to change your destination while you're enroute, pull over when it's legal and safe to do so, and be sure to come to a complete stop first. 
• Finish getting ready before you leave. Make those last-minute mascara touch-ups or beard comb-throughs in front of the mirror in your home, and not in your car's rearview mirror. And if something gets ruffled out of place while you're on the way? Take care of it once you're safely parked. 
• Ask your passengers to be self-sufficient. Your role while driving doesn't include adjusting playlists or helping with seatbelts. If you have kids, make sure their needs are taken care of, and they're properly buckled in before you start driving. 
• Remember you're still operating a vehicle when you're stopped at a red light. It can be tempting to check that last text message you received while you're at a red light, but it's still illegal even though you're momentarily stopped.