Thousands of crashes in Ontario are attributed each year to distracted drivers, and now two court rulings have reinforced tough laws about even holding a cell phone while behind the wheel.
Like many people, Tracy Stewart uses voice commands to make a phone call. She's not texting, but she is holding her phone, and that’s against the law.
“If it takes your eyes off the road, I understand why they're doing it,” Stewart says.
Two rulings just released by the Ontario Court of Appeal on two unrelated cases have made it clear: holding a phone while driving – even if you're not texting or it's turned off – is against the law.
“When we see someone with a cell phone in their hand, we can enforce the law,” says South Simcoe Police Const. Brent MacDonald.
Two people had successfully fought distracted driving tickets in court, one arguing she was only holding her phone briefly after picking it up off the floor and the other person saying police had no proof his phone was working at the time he was pulled over.
But those rulings were appealed and the tickets were upheld.
That's a decision MacDonald says will make it easier for police to do their job.
“This gives us the teeth to let the public know that the law is black and white. You cannot operate a vehicle with a handheld device and the loophole has now been closed,” he says.
You might wonder if there's a difference between holding a phone and holding a cup of coffee. It's not illegal to drink coffee while driving, but it is illegal to be distracted and police can lay a charge if a driver isn't paying attention because of whatever that driver is holding.
While many drivers admit they've picked up their phones while behind the wheel, most say this is a good ruling.
There are a couple of legal ways to use a cell phone while driving: if it's mounted on your dash, you can press a single button to call or answer, or if you have Bluetooth you can answer a call using the controls in your car.
