Permis PrêtCell phone while driving in Québec: how many demerit points?
Holding your phone at the wheel is costly, and for new drivers it can end the licence.
Short answer: using a cell phone or other hand-held device while driving carries 5 demerit points and a fine. Simply holding it means you are presumed to be using it, even while stopped at a red light. For a learner or probationary driver, 5 points is over the 4-point limit, so the licence is revoked.
What the law bans
A driver may not use a cell phone, any other portable device built to send or receive information or for entertainment, or a display screen, except in specific cases (Code de la sécurité routière [Highway Safety Code], s. 443.1). The SAAQ handbook lists examples such as smart watches, tablets, portable media players and screens that show anything other than driving information, whether the device is switched on or not (Guide de la route, ch. 1).
The key detail: a driver who holds a portable device in the hand, or in any other way, is presumed to be using it (s. 443.1). You don’t have to be caught typing.
Stopped at a red light or in traffic?
You are still driving. The handbook makes clear that waiting at a red light or in a traffic jam still counts as driving. A vehicle that is legally parked, in line with the Code, is no longer covered by the ban (Code de la sécurité routière, s. 443.7; Guide de la route, ch. 1). The safe habit: pull over somewhere you are allowed to stop before touching the phone.
What is still allowed
- A hands-free device (s. 443.1, para. 1). The handbook still notes that the conversation itself is distracting and does not recommend it.
- A screen (a phone’s included) showing only driving-related information, such as navigation, if it is built into the vehicle or sits on a mount fixed to the vehicle, doesn’t block your view, and is easy to read and operate (s. 443.1, para. 2).
- According to the handbook: calling 911, or making a contactless payment or showing proof of payment or access, as long as it is done safely.
- An earphone in one ear at most (s. 443.2).
Penalties
| Situation | Consequence |
|---|---|
| Any offence | 5 demerit points and a fine (Règlement sur les points d’inaptitude, the demerit points regulation, schedule, item 26.1; Code, s. 509.2.2) |
| Repeat offence | The minimum fine is doubled (s. 509.2.2) |
| 1 prior conviction in the past 2 years | Licence suspended on the spot for 3 days (s. 443.3) |
| 2 prior convictions in the past 2 years | On-the-spot suspension: 7 days |
| More than 2 prior convictions in the past 2 years | On-the-spot suspension: 30 days |
| Learner or probationary licence | 5 points is over the 4-point limit: revoked for at least 3 months (s. 191.2) |
The SAAQ’s advice
The handbook suggests switching the device off before you leave and letting voicemail take calls; if you really must use it, stop somewhere that is allowed and safe (Guide de la route, ch. 1).
Key points for the test
- Holding the device = presumed to be using it.
- Stopped at a red light, you are still driving.
- 5 points: a learner or probationary driver loses the licence.
- Hands-free is allowed but discouraged.
Original questions with explanations and sources, “Highway Safety Code” section.
Practise for free
See also
Official sources
- Code de la sécurité routière (Highway Safety Code, CQLR c. C-24.2), ss. 191.2, 443.1, 443.2, 443.3, 443.7 and 509.2.2
- Règlement sur les points d’inaptitude (Regulation respecting demerit points, CQLR c. C-24.2, r. 37), s. 5.1, schedule, item 26.1
- SAAQ, Guide de la route (driver’s handbook, French 4th ed., 2024), ch. 1, “Les appareils électroniques”
General information page, current as of 2026-10-28. If in doubt, the official text prevails. Rules can change: check saaq.gouv.qc.ca and legisquebec.gouv.qc.ca.