Mobile phone use while driving: your guide to obeying the Highway Safety Code

What Article 443.1 says, essentially, is that you cannot use a phone or any other electronic device with a screen while driving. These items must be fixed to the vehicle by means of a purpose-built mount and used in hands-free or voice-activated mode. They are permitted only for vehicle-related purposes, such as GPS navigation (and even then, it’s not always black and white).

Mobile phone use while driving: what’s not allowed

It can be difficult to make sense of the new rules, so here are some concrete examples of what is forbidden when it comes to mobile phone use at the wheel:

• Searching for a song on a phone that’s sitting on the passenger seat

  Not allowed. To be used while driving, a mobile phone must be on a purpose-built mount, and the use must be in relation to operation of the vehicle.

• Writing a text message on a phone

  Not allowed, whether the device with a screen or the phone is mounted or not, because texting is not related to driving.

• Displaying a soccer score on the screen of a dashboard-mounted phone

  Not allowed, because soccer has nothing to do with vehicle operation.

• Sending a quick text while you’re stopped at a red light

  Not allowed. At a red light, you’re still driving!

Some other examples of prohibited mobile phone use have been mentioned in a number of rulings since the new law came into effect:

• Plug your phone in at a red light

  Not allowed. Plugging in a mobile phone to charge the battery or taking it off the mount to check that it’s charging properly are considered mobile phone use.

• Use your phone while stopped at the side of the road

  Not allowed, because a stopped vehicle is not the same as a legally parked vehicle.

• Use your phone in a car wash

  Not allowed, because you’re not parked legally when you’re in the car wash.

• Write notes on your phone at a red light

  Not allowed. At a red light, you’re still driving!

• Put an address into your phone’s GPS while stopped at a red light

  Not allowed. At a red light, you’re still driving! And entering an address is not the same as using the phone’s controls, which is only allowed when it can be done easily and quickly.

• Glance at the GPS on your phone while it is being held by a passenger

  Not allowed, because the passenger’s hand is not a mount fixed to the vehicle.

Mobile phone use while driving: what’s allowed

And here are examples of what you are allowed to do with your mobile phone while driving:

• Following a map route on a mobile phone screen

  Allowed, provided that the phone is fixed to the vehicle on a mount, or you use voice commands.

• Searching for a song on a phone that’s mounted to the dashboard

  Allowed, but you must use voice commands.

• Entering text or manually inputting information on your phone

  Allowed only if the task is in relation to driving and the phone is on its mount.

• Activate navigation (GPS) on your phone while driving

  Allowed if the information was entered before you set off.

• Making a call on a phone or other hands-free device using voice commands

  Allowed. However, if the driver has to look at or touch a screen to use voice commands, the device or phone must be built into the vehicle or attached to a fixed or removable mount.

According to case law you can also (in French only):

• Look at the screen on your phone, open the Google app, and enter an address, all while holding a conversation in hands-free mode.

  Allowed, provided the phone is on a mount, although it’s really not a good idea.

• Hold a conversation on speakerphone

  Allowed, because the driver is using their phone without having to handle it in any way and without using the screen. The speaker turns the phone into a hands-free device so it doesn’t need to be placed on a fixed or removable mount.

• Pick up your phone if you drop it

  Allowed when the vehicle is stopped at a red light. You’re also allowed to wipe it clean and put it away.

• Zoom in to look at your screen when using the Waze GPS app

  Allowed if the phone is on a mount attached to the vehicle.

Sometimes there’s a thin line between what you can and cannot do on your phone at the wheel. To prevent distracted driving as much as possible, it’s best not to use it all. Your safety, and the safety of others on the road, is at stake.

GPS, in-vehicle infotainment system, iPod: what the law says

Mobile phones aren’t the only source of driver distraction. GPS devices, in-vehicle infotainment systems and other electronic equipment are just as likely to draw your attention away from the road. In these cases too, certain actions are punishable by law:

• Reading a message on the in-vehicle infotainment screen

  Not allowed, unless the information is related to operation of the vehicle.

• iPod, gaming console, calculator, MP3 player

  Not allowed, except for information related to driving or to operate vehicle equipment. Same rules as for mobile phones.

Note that you are allowed to consult information on a removable GPS device, as long as it is fixed to the vehicle on a purpose-built mount.

Severe fines and penalties for mobile phone use while driving

Drivers who are caught using an electronic device, while in control of their vehicle, for a purpose other than driving now face severe penalties: a fine of between $300 and $600, five demerit points, and suspension of their licence for a period of 3 to 30 days for a repeat offence.