The BC Motor Vehicle Act defines the use of an electronic device as holding it in a way that it could be used, using the device’s functions, talking to someone through the device, watching the screen or listening to music. (Devon Bidal/News Staff)

RCMP clarify law after B.C. mom ticketed for using dash-mounted phone

‘Legislation is clear with respect to using [a] phone while driving,’ says one officer

Brittney Taylor was issued a $368 distracted driving ticket in Saanich but her lawyer says the violation doesn’t apply to her licence and that the legislation isn’t clear enough.

RCMP Cpl. Mike Halskov disagrees. He couldn’t comment on the specific incident because it’s between Taylor, the officer who issued the ticket and the court, but he noted that “legislation is clear with respect to using [a] phone while driving.”

Halskov explained that a secured phone can only be used with one touch but that any scrolling or button-pushing is considered use of the device and is therefore subject to a ticket.

Halskov also pointed out that since the courts ruled in 2019 that having a phone in the cupholder, on the seat or on a charger doesn’t constitute use, BC RCMP issued specific guidance as to what is considered to be use of a device.

READ ALSO: Saanich mom gets $368 traffic ticket for touching phone mounted to dashboard

Taylor was pulled over on Dec. 31, after changing the song on her phone which was mounted to her dash. Despite this being her first violation in 10 years of driving, along with the ticket for use of an electronic device while driving, the Capital Regional District Integrated Road Safety Unit (IRSU) officer also issued four demerit points on her licence which cost her another $210 bringing the total to $578.

Taylor, a psychology student at the University of Victoria and single mom, was upset about receiving the hefty ticket rather than a warning so she took to Twitter the next day to voice her anger.

Vancouver-based Immediate Roadside Prohibition lawyer Kyla Lee replied to Taylor’s tweet saying that the violation the officer ticketed her for was for a licence restriction for N and L drivers, Class 5. Lee went on to write that since Taylor has her full license, a Class 5, the ticket is invalid and should, therefore, be cancelled.

She noted that according to the B.C. Motor Vehicle Act (MVA), there is zero-tolerance for use of electronic devices for N and L drivers with a Class 7 licence. However, drivers with a full licence – Class 5 – are allowed to use a device for calls as long as it’s mounted to the dash and either voice-activated or can be answered with one touch. She said the legislation isn’t clear enough so people end up violating it or getting ticketed incorrectly.

READ ALSO: Unclear laws to blame for cupholder cellphone tickets: lawyer

The MVA Section 214.1 defines “use” as holding a device in a way that it could be used, using one or more of the device’s functions, talking to someone through the device, watching the screen or playing music.

The definition of “use” is not met when a device is kept loose in the car or being charged but not being watched or used hands-free. It’s also noted that L and N drivers can have a device in the car, but cannot use it in any way.

For more information about distracted driving, visit the RCMP website or check the MVA.


@devonscarlett
Like us on Facebook and follow us on Twitter.

devon.bidal@saanichnews.com

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A second wave of COVID-19 is probable, if history tells us anything

B.C.’s top doctor says that what health officials have learned this round will guide response in future

Water recovery team stands down search for missing man in Stellako River

Jason Bouchard was in a boat with a friend that overturned in the river May 16

COVID-19: Increased federal funding for off-reserve Indigenous services welcomed news in north

Funding to benefit organizations such as friendship centres during pandemic

COVID-19: PG Community Foundation to disperse community support funds

$197,630 in funding announced by the Prince George Community Foundation

CGL workforce will gradually increase to 650 workers by end of May

The pipeline company provided a project update on May 21.

B.C. records no new COVID-19 deaths for the first time in weeks

Good news comes despite 11 new test-positive cases in B.C. in the past 24 hours

BC Corrections to expand list of eligible offenders for early release during pandemic

Non-violent offenders are being considered for early release through risk assessment process

Fraser Valley driver featured on ‘Highway Thru Hell’ TV show dies

Monkhouse died Sunday night of a heartattack, Jamie Davis towing confirmed

B.C. visitor centres get help with COVID-19 prevention measures

Destination B.C. gearing up for local, in-province tourism

Introducing the West Coast Traveller: A voyage of the mind

Top armchair travel content for Alaska, Yukon, BC, Alberta, Washington, Oregon and California!

36 soldiers test positive for COVID-19 after working in Ontario, Quebec care homes

Nearly 1,700 military members are working in long-term care homes overwhelmed by COVID-19

B.C. poison control sees spike in adults, children accidentally ingesting hand sanitizer

Hand sanitizer sales and usage have gone up sharply amid COVID-19 pandemic

B.C. man with Alberta plates gets car keyed and aggressive note

Some out-of-province people are finding hostile reception due to COVID-19 worries

Most Read