Is it illegal to use Waze while driving in Ontario?

Many drivers in Ontario use mapping services like Waze and Google Maps to guide their travels, avoid traffic and get to their destination as soon as possible.

The popular apps even allow users to provide real-time updates on traffic conditions and incidents along their route for other users.

With the government having worked to crack down on distracted driving, however, is it illegal to use these apps while behind the wheel?

It appears it depends on how they are used.

Of course, the use of hand-held devices has been banned in Ontario for many years. In fact, it is illegal to just have a phone in your hand while driving.

The Ontario government notes that programming a GPS device, except by voice commands, is prohibited while driving — even when stopped in traffic or at a red light.

Then comes the question of whether or not the mapping service — in this case, Waze or Google Maps — is being viewed on a phone, or a built-in car display.

When it comes to a phone, the device must be mounted.

“Once you set the destination and it’s running, you’re allowed to have it running there to give you real-time updates and driving directions,” Ontario Provincial Police Sgt. Kerry Schmidt told INsauga.com.

But updating the app, in regards to traffic conditions, incidents, or responding to prompts such as Waze asking if a stalled car is still there, is not allowed while driving, he said.

“Interacting with it is still technically illegal, contrary to the Highway Traffic Act,” Schmidt said.

There’s an exception for touching a mounted hand-held device while driving to answer or end a call, he said.

There is also an exception for calling 911.

“Any time you’re actually interacting with the phone, on the phone, by touching it for any purpose other than answering or ending calls, you are technically in violation of the Highway Traffic Act,” Schmidt said.

The law becomes murky when it comes to in-car screens, Schmidt said, many of which now allow for Waze or Google Maps to be displayed while the vehicle is connected to a phone.

Schmidt noted that of course drivers can adjust their radio or temperature in the vehicle while driving. In many cases, newer vehicles have these features on those built-in digital screens.

So if a driver is able to touch the screen for that reason, would it then be permissible for them to touch the same screen for the purpose of updating Waze or Google Maps?

“The legislation is relatively silent on the issue specifically,” Schmidt said, calling it “subjective.”

“When the legislation came in, a lot of these services didn’t even exist,” he added.

Though again, the Ontario government says that a GPS device must be pre-programmed before a drive begins.

In practice, would an officer give someone a ticket for touching a mounted phone screen to provide an update to Waze or Google Maps?

Schmidt said ultimately it is up to the officer and suggested it would most likely depend on if the driver appears distracted.

“If they’re sitting there pressing buttons, texting, and their attention is certainly diverted from driving, you know, that’s a huge concern,” Schmidt said.

“But, yeah, you can still be subject to enforcement if an officer sees you touching the device. And whether or not you are answering a call or responding to a Waze notification, that would be up to your evidence to prove that what you were doing was, in fact, lawful. But if you were on a mapping service, certainly there is no exemption for that in the (Highway Traffic) Act.”

Distracted driving penalties in Ontario come with a fine, demerit points (except for novice drivers), and a licence suspension.

Beyond distracted driving, individuals could also face careless and dangerous driving penalties depending on the circumstances, even if they haven’t violated the distracted driving laws specifically.

INsauga.com reached out to Google, which also owns Waze, for a comment on this story but did not hear back by the time of publication.