Everything you ever wondered about Canada's distracted driving laws

We all know that texting behind the wheel is illegal and potentially dangerous or even deadly. So how do you get drivers to realize that the rules apply to them, too?

The CAA in Manitoba would like the government to make the penalty for distracted driving even tougher for new drivers. Their rationale? It’s easier to teach new drivers to keep their hands off their phones, instead of trying to break bad habits later.

“It is harder to break a habit than to prevent it from starting in the first place,” says CAA Manitoba CEO Mike Mager. “We can’t just penalize people, we need to do things to get their attention, to understand this is not an acceptable behaviour, and they should stop it.”

The company says that 96 per cent of CAA Manitoba members would support a zero-tolerance policy for distracted new drivers. Currently Saskatchewan and British Columbia both ban new drivers in their graduated licensing programs from using hand-held and hands-free devices.

Mager likens distracted driving to driving under the influence of alcohol, which has become a taboo thanks in part to Mothers Against Drunk Driving (MADD). If new drivers are caught drinking and driving within their three-year probationary period, they must attend a hearing of the motor vehicle board to explain why they deserve to keep their licence. He’d like to see the same restrictions for distracted driving, giving the board the power to revoke a driver’s license of an offender.

According to Ontario’s Ministry of Transportation, “If current collision trends continue, fatalities from distracted driving may exceed those from drinking and driving by 2016.”

What is distracted driving?

Constable Clinton Stibbe of the Toronto Police Service says distracted driving goes beyond fiddling with your smartphone on the road.

“It’s driver behaviour as a whole that’s an ongoing problem, not just the cell phone device itself,” said Stibbe. “A lot of times we have a collision with no device involved, but there are similar types of distraction that may be occurring, a conversation with someone in the car, reaching for something, changing a setting in the car... unfortunately they are all types of distractions.”

Stibbe says that new cell phone laws are a tool they can use to combat unsafe driving, but they already had laws around careless driving which could be used against a driver involved in a collision, a charge Stibbe laid before distracted driving legislation was introduced.

In one extreme example, he recounted a situation where he was waiting to make a U-turn with his flashing lights on. He saw a car approaching and decided to wait for it to stop after noticing the driver was talking on a cellphone.

Stibbe watched as the car rear-ended a stationary car, sending it into the street. “When I spoke to the woman that was driving I asked if she was okay, and the first words out of her mouth were ‘Where did that car come from?’”

“A car is not exactly a small object, but she never saw it,” Stibbe says. “Never applied the brakes, police car with the lights on. She was careless driving and was convicted.”

How does distracted driving affect other drivers?

“Every time you brake, the impact on the flow of 15-20 cars is that it all compounds back, and you get one person who’s slightly distracted... then you get the fender benders,” says Mager. “Think of the dollars that are expended to repair these cars. Your airbag goes off, you’re talking $1000 for a minor fender bender if not more, and who’s paying for that? We all are paying for that on our insurance.”

How are police catching distracted drivers?

Mager says police will stop drivers as they see them, and also do safety checks similar to a photo radar or drinking and driving stop. Stibbe says that they have motorcycle teams working Toronto’s Don Valley Parkway during rush hour, and they are pulling up alongside vehicles to see if drivers are using phones.

“Anytime we use unmarked vehicles, pickup trucks, motorcycles, anything that sits above what would be the normal height of a car, it’s actually very easy for us to find those vehicles,” says Stibbe.

What if I’m stopped at a red light?

Being stopped at a red light is no excuse. Unless the vehicle is pulled off the roadway or you’re calling 911, you still can’t use your phone, according to the MTO.

Will higher fines work?

Increased distracted driving regulations will help Ontario law enforcement crack down on dangerous drivers. Starting this fall, an amendment to the Highway Traffic Act means that drivers will face fines of up to $1000 and three demerit points on their licence for a conviction in the province. Currently drivers can face fines of up to $500, with no demerit points.

Constable Stibbe says that the fine is somewhat of a deterrent, but “the demerit points are going to be the key to deter an individual from using a cell phone.”

He says that currently you could get 1000 tickets and while you’d have to pay the fines, you’d never lose your license. But under the new legislation, if you get three tickets, you could accumulate nine demerit points if found guilty, and be called to the Ministry of Transportation for an interview to decide whether you should be able to keep your licence.

“That’s something that a driver can’t restore... they can’t work to get those points back. They can work to get more money but they can’t do anything about the points,” he says.

What happens if you lose your licence?

Points are controlled by the ministry of transportation in Ontario, and they can suspend or take away your licence.

If you lose your licence, there are reinstatement fees.

“30 days is about average for a first-time offence, could be longer, could be shorter, it really depends on the situation,’ Stibbe says.

“You have to keep in mind that operating a motor vehicle ... or driving a motor vehicle is a privilege not a right.”