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Assembly moves to toughen penalties for distracted driving as cell phone use causes surge in accidents

Published on September 11, 2025

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Legislators seek to reclassify violations in the COIP after record numbers of injuries and deaths linked to phones.

Debate revives stalled reforms

After three years of delays, Ecuador’s National Assembly has reopened debate on long-awaited reforms to the Comprehensive Organic Criminal Code (COIP) that address traffic violations. The renewed push comes amid mounting concern over the role of distracted driving in accidents, particularly the widespread use of cell phones behind the wheel. On September 3rd, lawmakers held a plenary session where government allies, opposition legislators, and independents set aside partisan differences to back the initiative. Only a handful of dissenting voices broke the unusually harmonious tone.

The draft bill, handled by the Commission of Autonomous Governments, includes 14 reform articles and a transitional provision. If adopted, the reforms would reclassify traffic offenses and raise penalties for violations ranging from worn-out tires and failure to wear helmets to overcrowded vehicles. The Assembly is expected to resume discussions on September 15th, with leaders pressing to pass the measure before the end of 2025.

Alarming rise in phone-related crashes

The urgency of reform stems from stark figures. According to the National Transit Agency (ANT), inattentive driving—most often caused by cell phone use—was linked to 23% of all traffic accidents in 2024. In that year alone, 4,861 accidents tied to distracted driving left 4,287 people injured and claimed 764 lives. By July 2025, the country had already recorded 11,472 accidents, with more than 2,600 attributed to driver inattention, again dominated by phone use.

The trend is so pronounced that last year, cell phone use surpassed speeding as the leading cause of road accidents. This shift has fueled calls to reduce the classification of cell phone use while driving from a sixth-class to a first-class offense, elevating its legal and financial consequences.

Penalties for other violations

The reform package also addresses safety and mobility concerns beyond cell phones. Occupying sidewalks and pedestrian-only spaces with bicycles, motorcycles, scooters, or similar vehicles would be treated as a fourth-class offense. Penalties would include a fine equal to 30% of the basic salary and a six-point deduction from the driver’s license. Cyclists would be fined but spared license penalties since they are not required to hold one.

Revisions also propose harsher punishments for drivers whose use of defective tires, lack of helmets or seatbelts, or overloading of passengers contributes to accidents, particularly those resulting in fatalities. These infractions would be classified as aggravating factors in wrongful death cases, carrying heavier consequences.

Corruption concerns persist

Despite broad consensus on the need to toughen sanctions, lawmakers and civil society leaders emphasized that enforcement remains Ecuador’s weakest link. Many argued that unless corruption within traffic control agencies is tackled, no increase in penalties will be enough to reverse the culture of impunity on the country’s roads.

For now, the Assembly’s debate signals renewed momentum after years of stagnation. Whether the proposed reforms can be enacted before year’s end—and whether they will be implemented effectively—remains the central test for Ecuador’s legislators and traffic authorities.

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