How to contest a ticket for cellular phone
(Article 443.1 of the Highway Safety Code)
Cellphone while driving since June 30, 2018
What does the law say about cell phones while driving?
According to the Highway Safety Code, it is forbidden to carry a device with a phone function, in other words a cellphone, while driving. It should be noted that it is not only talking on the phone that is prohibited by law, but also having the phone in your hands. Therefore, simply moving the phone may result in a ticket.
However, a person who legally and safely stops his or her vehicle at the side of the road to use a cell phone is no longer driving, even if the vehicle engine is still running, and therefore should not receive a ticket.
The number of demerit points is 5.
Note: no driver of a road vehicle or cyclist riding on the roadway shall use or LOOK at a cellular phone or any other hand-held device designed to transmit or receive information or to be used for entertainment purposes, or use a display screen.
The range of fines for the driver of a road vehicle for this type of offence is now $300 to $600.
For repeat offences, the minimum fine is doubled.
The driver is also subject to an immediate licence suspension of 3, 7 or 30 days for the first, second or third and subsequent offences within a two-year period.
Remember that the simple act of LOOKING at a cell phone or screen placed so that the driver of a road vehicle can see the image transmitted on the screen, directly or indirectly, is sufficient for a ticket to be issued.
Only tickets issued prior to the coming into force of the change will be subject to a four demerit point penalty.
However, truckers should note that it is possible for them to have in their possession a walkie-talkie or “CB” radio that does not have a telephone function and to use it while driving.
What should I do if I get a cell phone ticket while driving?
Depending on the circumstances and well represented, the fine and demerit points could be reduced. Let Solution Ticket verify whether or not the infraction you are accused of is valid or not.
Don’t hesitate before contesting a cell phone infraction while driving in Quebec with Solution Ticket!
Behaviours – Distractions
SCREENS PERMITTED AND FORBIDDEN WHILE DRIVING
Even for driving assistance, screens are a major source of distraction. Before using one, check which types of screens are allowed and which are not.
- Those installed by the vehicle manufacturer or according to his instructions. For example, a rearview camera, GPS or television screen for rear seat passengers.
- Those that present useful information for driving, usually located on the dashboard or on the console between the two front seats, and which display various information such as :
- tire pressure
- fuel consumption
- switching to electric/gas mode
- the traction system, e.g. 4-wheel drive, traction control system, parking assistance system
- road conditions, such as obstacles and pavement conditions
- weather conditions, such as visibility and temperature
- itineraries (GPS)
Internet while driving is forbidden!
In Quebec, it is forbidden to browse the Web or check one’s e-mail while driving, even if the screen that allows you to do so has been installed by the manufacturer.
OTHER ALLOWED SCREENS
Other screens are permitted for drivers engaged in specialized activities, such as :
- a police officer or driver of an emergency vehicle
- a taxi driver who uses, among other things, a taximeter
- an employee of a public utility company, such as Hydro-Québec
- an employee of a telecommunications company
Wherever possible, use a device that has been specifically designed to fit the vehicle.
These devices, such as a GPS or satellite radio, have road safety features not found in their portable counterparts, such as a cell phone.
STRICTLY PROHIBITED SCREENS
All screens that you can see from the driver’s seat and that are not used to give information useful for driving are prohibited. For example: :
- TV set
- laptop or handheld computer
- game screen
- mobile gaming console
- digital camcorder
- digital camera
- MP3 or portable multimedia player
- portable satellite radio
- DVD reader
- cell phone screen
Contest your cell phone ticket while driving now!
Don’t wait: time is on your side.
The sooner a ticket is contested, the better your chances of success.
Before paying your ticket, contact us for any questions you may have.