How It Works The Mounted-Device Exception

The Mounted-Device Exception

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.

Licensed Paralegal — Not a Law Firm. R.S. Walia is licensed by the Law Society of Ontario. Services are limited to the authorized scope of paralegal practice. Nothing on this site is legal advice.