Holding a cellphone while driving is unlawful in Ontario, and enforcement is aggressive. But the law does allow one limited exception for a properly mounted device.
What to Know
- A driver may touch a securely mounted phone for the specific purpose of making or taking a call.
- The device has to be mounted — not held, propped, or balanced — for the exception to apply.
- The exception is narrow. It does not extend to texting, browsing, or other uses of a handheld phone.
- Whether a device was genuinely mounted, and whether the touch was for a call, are the two questions that usually decide these cases.
Bottom Line
Because the exception turns on a brief moment an officer observed from outside the vehicle, what was actually seen — versus what was assumed — is worth a careful look before accepting a distracted driving charge.
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