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Is vaping while driving an infraction?

October 27, 2021

Montréal’s Municipal Court (“Court”) recently decreed that vaping can be considered an offence according to article 443.1 of the Highway Safety Code (“HSC”) insofar as the vaper features a luminous screen displaying information and controls to operate (City of Montréal v. Nicolo, 2021 QCCM 73).

According to this provision, “every driver of a road vehicle […] are prohibited from using a cellular telephone or any other portable device designed to transmit or receive information or to be used for entertainment purposes, or from using a display screen.

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