ARTICLE
28 September 2017

Harsher Penalties Proposed For Distracted Driving

DS
Devry Smith Frank LLP

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Harsher penalties have been proposed for distracted and careless drivers, in an effort to help save the lives of pedestrians and cyclists.
Canada Criminal Law

Harsher penalties have been proposed for distracted and careless drivers, in an effort to help save the lives of pedestrians and cyclists.

The proposed changes introduce a new provincial offence for careless driving causing death or bodily harm, tougher punishments for distracted driving and increased penalties for drivers who fail to yield for pedestrians.

The legislation will be introduced this fall, but may take up to two years to come into effect. These changes would amend the Highway Traffic Act, and drivers will see significant penalty increases, such as a licence suspension up to five years, two years in jail, and fines up to $50,000.

In addition, fines for using a cellphone behind the wheel and other offences will see stricter and stiffer penalties, and could see distracted driving penalties change to the following:

For fully licensed drivers:

Current:

  • Fine of $300 – $1,000
  • Three demerit points

Proposed:

  • First conviction:
    • 3 day licence suspension
    • $500 – $1,000 fine
    • Three demerit points
  • Second:

    • 7 day suspension
    • $500 – $2,000 fine
    • 6 demerit points
  • Third:

    • 30 day suspension
    • $500 – $3,000 fine
    • 6 demerit points

For novice drivers (G1, G2, M1, M2) will face the same fine structure, but will be given the following:

  • No demerit points
  • First conviction: 30 day licence suspension
  • Second: 90 Day suspension
  • Third: Cancellation of licence

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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