TLC’s phone rule is stricter than the regular traffic law.
“Use” includes having a hands-free device in or near your ear. You do not have to be holding the phone or touching the screen. You can only use a device while the vehicle is lawfully standing or parked.
There is a narrow exception for FHV and street-hail livery drivers. A short, dispatch-related exchange with your base, on a fixed-mounted device or two-way radio, using voice or one-touch controls. A passenger app running on a mounted tablet is also not “use.”
What it costs
| Fine | Up to $350 each time |
| Points | 3 for a first or second. 4 for a third within 15 months |
| Suspension | Given, but held off for 60 days. Finish the Distracted Driving course in that time and it never takes effect |
The course is required after any conviction, whether or not you got the deferral. Miss the 60 days and your licence is suspended until you finish it.
Why this matters more than the fine
Three points from one summons is halfway to a suspension, which starts at 6 points in 15 months.
Two phone tickets and one moving violation can stop you working for a month.
That arithmetic, not the $250, is why these are worth fighting.
Which case is which
One incident, two outcomes.
The DMV ticket goes to the Traffic Violations Bureau. An attorney can appear there as of right. Anyone else only if the judge allows it, so we do not take TVB cases.
The TLC summons goes to OATH, where a registered representative can appear for you. That is the case we take, and it is the one carrying your TLC points.
See the speeding and moving violations guide for the full split.