Cell phone while driving: How to comply with the law

What does the law say about cell phone use while driving?

Section 443.1 of the HSC specifies that it is prohibited to use a cell phone or any electronic device with a screen while driving. In practice, however, it may be used under certain conditions—provided it does not take your eyes off the road:

• The device must be secured in a mount designed for that purpose. Find yours at the CAA-Quebec Boutique.
• It must be used in hands-free mode or via voice commands.
• The information displayed must be relevant to driving.

What are the fines and penalties for using a cell phone while driving?

The penalties for using a handheld electronic device while driving are severe, because the risks are high:

• Fine of $300 to $600
• 5 demerit points
• Licence suspension of 3 to 30 days for repeat offences

Tip: Enable your phone’s Driving mode or Do Not Disturb mode to minimize distractions while on the road.

What is prohibited when it comes to cell phones while driving?

The following actions are clearly prohibited when using your cell phone, as they have no bearing on driving:

• Texting while driving or reading a text message, even if the phone is in a fixed mount.
• Changing a song on a cell phone that is not secured in a mount.
• Checking a sports score or any other content unrelated to driving.
• Texting at a red light; even when stopped, you are considered to be driving.
• Programming a GPS address while driving or at a red light.

Case law has also clarified that the following actions are prohibited, as they are considered equivalent to using a phone while not legally parked:

• Plugging in your phone to charge it at a red light.
• Removing your phone from its mount to check the charge level.
• Using your phone in a car wash or on the side of the road.
• Taking notes on your phone at a stop sign or red light.
• Looking at the GPS on the screen of a phone held by a passenger (a passenger’s hand does not count as a mount).

What is permitted when it comes to cell phones while driving?

Certain uses of a phone while driving remain allowed, under specific conditions:

• Using GPS while driving, if the phone is secured in a car phone mount or if you are using voice commands.
• Changing songs on Spotify or other platforms by voice command only.
• Making a call using a hands-free device or speakerphone, without touching the screen.
• Programming a route before you leave—never while driving.

Uses recognized as permitted by case law:

• Picking up a cell phone that has fallen to the floor at a red light.
• Wiping or putting away the device during a complete stop.
• Having a conversation using the speakerphone function.
• Zooming in on the GPS or in an app such as Waze if the phone is secured in a mount.

What other electronic devices can distract you while driving?

A cell phone is not the only device that can be a source of distracted driving. Other equipment is subject to the same rules:

• Portable GPS: Permitted if it is secured to the vehicle using an appropriate mount
• On-board computers
• Smartwatches, iPods, MP3 players, gaming consoles, calculators, etc.

Note that these devices may only be used for purposes related to driving.

FAQ – Cell phones and road safety

1. What are the fines and demerit points for using a cell phone while driving?

Fines for cell phone use while driving range from $300 to $600, with 5 demerit points and a driver’s licence suspension for repeat offences.

2. How many infractions does it take to have your licence suspended?

A second offence for cell phone use while driving can result in a driver’s licence suspension of 3 to 30 days.

3. Can I hold my phone in my hand while driving without using it?

No. Simply holding your smartphone in your hand is considered prohibited use.

4. Can I use my cell phone at a red light?

No. Even when stopped at a red light, you are still considered to be driving. Texting at a red light is therefore prohibited.

5. Can I plug in my cell phone to charge it while driving?

No. Plugging in your phone to charge it while driving is considered equivalent to using a cell phone while driving.

The line between what is permitted and what is prohibited when it comes to cell phone use while driving can be a fine one. To reduce the risks, your best option is to limit its use as much as possible—even with a mount or hands-free mode. For more information, visit the Société de l’assurance automobile du Québec (SAAQ) website.