Can I legally drive with just a photo of my licence?

Globe and Mail

9 hours ago

Am I required to have my actual physical driver's licence on my person when driving in Ontario? Will a clear and legible photo on my phone suffice? My wallet which contained my licence was stolen and I'm wondering if I can manage with the photo that I have on my phone for now. I am supposed to receive a new licence in a couple of months. – Ernie, Toronto
Police have licence to charge you if you're driving without yours – even if you have a photo of it on your phone.
'Your driver's licence is supposed to be on your person when you are stopped by police,' said Sergeant Kerry Schmidt with the Highway Safety Division of the Ontario Provincial Police (OPP). '[A photo of your licence] will help us identify you, but you can still get a ticket. You need to have your licence on you.'
Section 33 of Ontario's Highway Traffic Act states all drivers have to carry a licence at all times while 'in charge of a motor vehicle or street car' or face a $110 fine.
Generally, it's up to the officer to decide to charge you or let you off with a warning.
If you get a ticket, could it be revoked if you bring your licence to police within 24 hours? That's a myth, Schmidt said.
'If you get a ticket, they're not going to revoke the ticket 24 hours later,' he said. 'You would have to go to court and talk to the prosecutor to see if they'll withdraw it or dismiss it.'
The laws are similar in other provinces – for instance, it's an $81 fine in British Columbia, a $243 fine in Alberta and a $65 fine, including fees, in Quebec.
No province lets you use a photo of your licence instead of carrying the real thing.
While more than a dozen U.S. states, including Arizona, California and Hawaii, are experimenting with digital driver's licences on smartphones, no provinces in Canada offer them.
Identity crisis?
If you don't have your driver's licence on you, a short traffic stop could turn into a long one, said Corporal Michael McLaughlin with B.C. Highway Patrol.
'Not having a licence is likely to set off a police officer's radar and make them ask questions,' McLaughlin said in an e-mail. 'Is this person who they say they are? Are they trying to hide something?'
An officer can decide to let you off with a warning, but if you're deliberately driving without your licence, a ticket is more likely, he said.
Without a driver's licence, police have to find some other way to identify you. While police in most provinces, including Ontario, can see your driver's licence photo in their system, it can still take time – and a lot of questions – to prove your identity, he said.
'Individuals who have warrants or don't have a [valid] licence will give false information to the police,' Corporal Troy Savinkoff, an Alberta RCMP spokesman, said in an e-mail. 'These interactions almost always begin with the individual saying they don't have ID on them.'
If your licence is lost or stolen, you're legally required to replace it.
Also, reporting a lost or stolen licence can help prevent somebody else from using it – and getting you in hot water.
'If someone tries to use your ID, the officer will be aware of the reported theft and will take extra steps to ensure they are not charging the wrong person,' Savinkoff said.
In most provinces, including Ontario. you will get a temporary paper licence – without your photo – to use until you get the new licence in the mail.
Giving paper the slip?
While you still can't use your smartphone as a licence in Canada, you can use it as a pink slip.
Most provinces, including Ontario, now allow digital proof of insurance. You get them from your insurance company.
So, instead of rifling through the glove compartment to find a slip of paper, you can just show an officer the card in your phone's digital wallet.
If your phone's battery dies, it won't work, so make sure you have a charger, the Alberta Motor Association said.
Have a driving question? Send it to [e-mail] and put 'Driving Concerns' in your subject line. Emails without the correct subject line may not be answered. Canada's a big place, so let us know where you are so we can find the answer for your city and province.