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New Cell Phone Driving Restrictions Now In Force In BC
A quick reminder to all my readers that with the new year comes a new law with respect to cell phone use while driving.
As IÂ previously posted, effective January 1, 2010 section 214 of the BC Motor Vehicle Act was amended adding section 214.1 - 214.6 which prohibit drivers from using a handheld cell phone or other handheld electronic devices while driving.
Hands free devices are subject to an exemption under the new law. Â It is worth noting, however, that there are numerous studies which find that driving while on a cell phone, even a hands free device, can cause driver distraction which can lead to significantly increased risk of collision. Â From an Injury Claims perspective it can certainly be negligent to drive while speaking with a hands free device so motorists ought to only do so with caution.
The Full Text of the New Law is as follows:
Part 3.1 — Use of Electronic Devices while Driving
Definitions
214.1 In this Part:
“electronic device” means
(a) a hand-held cellular telephone or another hand-held electronic device that includes a telephone function,
(b) a hand-held electronic device that is capable of transmitting or receiving electronic mail or other text-based messages, or
(c) a prescribed class or type of electronic device;
“use”, in relation to an electronic device, means one or more of the following actions:
(a) holding the device in a position in which it may be used;
(b) operating one or more of the device’s functions;
(c) communicating orally by means of the device with another person or another device;
(d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.
Prohibition against use of electronic device while driving
214.2 (1) A person must not use an electronic device while driving or operating a motor vehicle on a highway.
(2) Without limiting subsection (1), a person must not communicate by means of an electronic device with another person or another device by electronic mail or other text-based message.
Exceptions to prohibition — emergency personnel
214.3 Section 214.2 does not apply to the following persons who use an electronic device while carrying out their powers, duties or functions:
(a) a peace officer;
(b) a person driving or operating an ambulance as defined in the Emergency and Health Services Act;
(c) fire services personnel as defined in the Fire Services Act.
Exceptions to prohibition — certain permitted activities
214.4 Section 214.2 does not apply to a person who uses an electronic device
(a) while operating a motor vehicle that is safely parked off the roadway or lawfully parked on the roadway and is not impeding traffic,
(b) to call or send a message to a police force, fire department or ambulance service about an emergency, or
(c) that is configured and equipped to allow hands-free use in a telephone function, is used in a hands-free manner and is used in accordance with the regulations, if any.
Exceptions to prohibition — by regulation
214.5 Section 214.2 does not apply to
(a) a prescribed class of persons who, while carrying out their powers, duties or functions and driving or operating a motor vehicle or a prescribed class of motor vehicle, use an electronic device or a prescribed class or type of electronic device,
(b) a person who uses an electronic device while engaged in a prescribed activity or in circumstances or under conditions set out in the regulations, or
(c) a person who uses a prescribed class or type of electronic device.
Power to make regulations
214.6 The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing classes or types of electronic devices for the purposes of paragraph (c) of the definition of “electronic device” in section 214.1;
(b) setting out actions for the purposes of paragraph (d) of the definition of “use” in section 214.1;
(c) for the purposes of section 214.4 (c), setting out the manner in which, or the extent to which, a hands-free electronic device may be used in a telephone function;
(d) for the purposes of section 214.5;
(e) regulating the installation or mounting of classes or types of electronic devices in motor vehicles;
(f) exempting or excluding, with or without conditions, classes or types of electronic devices, classes of persons or classes of vehicles or classes of persons while driving or operating a motor vehicle or class of motor vehicle from the operation of a provision of this Part.
You can click here to read a copy of the regulations that have been passed further to this amendment.
Tags: driving while distracted, Hands free cell phones, New Cell Phone Laws in BC, section 214.1 BC Motor Vehicle Act
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January 2nd, 2010 at 9:32 am
My truck has On Star and I have the phone feature that doesnt require to use your hands is all voice activated commands. And there are times i make a phone call with a voice activation.
How this new law affect or doesnt affect to this type of devices. Since the phone conversation is like having someone in the car with me.?
thank you
January 2nd, 2010 at 10:09 am
Franklin, thanks for your question.
Section 214.4(c) creates an exception for hands free devices, specifically “Section 214.2 does not apply to a person who uses an electronic device..that is configured and equipped to allow hands-free use in a telephone function, is used in a hands-free manner and is used in accordance with the regulations, if any.”
So a hands free device, such as On-Star, used in a hands free fashion does not offend this new amendment subject to any regulations that may come into effect.
Yours truly,
Erik Magraken
January 3rd, 2010 at 8:10 pm
Hey, just to make things clear.. as long as you have bluetooth ear peice or bluetooth headset that would be the loop hole here?
January 3rd, 2010 at 10:05 pm
Hi John, so long as you are using a hands free device “in a hands-free manner and is in accordance with the regulations” you will not be in breach of this section. Click on the above link (at the end of this article before the comments start) to view the actual regulations so you can see the requirements in force for hands free devices.
Thanks for visiting and for your inquiry.
Yours truly,
Erik Magraken
January 4th, 2010 at 8:34 am
So on my phone I have a TomTom app that I use sometimes…if my phone is mounted somewhere can I still use the Navigation App? It’s still the same as using a real TomTom (I just set the destination before I go and it does the rest) or would the cop just give me a ticket since it’s still a phone?
January 4th, 2010 at 9:21 am
Johnny, thanks for your inquiry.
The new law is not just limited to cell phones but to “electronic devices” which includes cell phones and handheld devices that are “capable of transmitting or receiving electronic mail or other text-based messages”.
Again, an exception to this new prohibition on using electronic devices while driving is using the device in a hands free fashion. Specifically section 214.4 holds that it is not an offence to use an electronic device “that is configured and equipped to allow hands-free use in a telephone function, is used in a hands-free manner and is used in accordance with the regulations, if any”.
Click on the link to the “regulations” at the end of this article for the specific requirements for permissible hands free devices as these are worth reviewing and will let you be in a position to know whether your proposed use will be in accordance with this exception.
January 5th, 2010 at 4:34 pm
Hi Erik,
How do you define the following sentence under “Installation of electronic devices”?
4.1.b - “in a manner that does not obstruct the driver’s view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.”
Right now, I have placed the phone and the GPS on a secure holder that against the front glass dashboard. I can see while driving (e.g. the name of the incoming call & direction for the next turn) and they do not obstruct my driving. Is it ok? Or should I remove them completely.
Thank You.
January 5th, 2010 at 11:04 pm
Jen, thank you for your inquiry. That is a good question. Unfortunately, with how new this law is there are not any cases interpreting what this means. As soon as a published decision from a BC Supreme Court Judge comes to my attention interpreting this section I will be sure to discuss it on this forum.
In the meantime a common sense interpretation should be taken, if from your vantage point your view through your front windshield and sides is not obstructed by the device the placement should be good enough. However, to be on the safe side, you should consider placing the device somewhere other than the windshield as it could be argued that such a placement (at least partially) obstructs your view.
While voice activated cell phone use is permitted where it complies with the regulations, it appears that looking at the device to see the “name of the incoming call” may be a breach of this section as the definition of “use” of an electronic device under the regulations includes “a person who watches the screen of an electronic device”.
Thanks again for visiting and for your question.
Yours truly,
Erik Magraken
January 17th, 2010 at 3:03 pm
My truck has a CB radio system, would I be pulled over for talking on the CB system?
Thanks.
January 17th, 2010 at 5:09 pm
Thank you for your inquiry Tony. CB Radios appear to be exempt from the new law. ICBC’s website provides the following information with respect to CB Radios “Two-way radios that operate on a set frequency (principally used for commercial purposes and by federally licensed amateur radio operators) and mobile data terminals are not included in the scope of the electronic device prohibitions, and can be used by any licensed driver.”
Here is the link: http://www.icbc.com/faqs/road_safetyfaqs
Thanks again for your inquiry.
Yours truly,
Erik Magraken
January 22nd, 2010 at 4:11 am
wow very nice canvas.
February 27th, 2010 at 10:39 pm
Does this law only apply when driving on a highway?
February 28th, 2010 at 12:02 am
Section 214.2(1) reads as follows:
A person must not use an electronic device while driving or operating a motor vehicle on a highway.
The Definition of Highway as used in the Motor Vehicle Act is as follows:
includes
(a) every highway within the meaning of the Transportation Act,
(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,
but does not include an industrial road;
So you need to look at the Transportation Act which defines Highway as follows:
“highway” means a public street, road, trail, lane, bridge, trestle, tunnel, ferry landing, ferry approach, any other public way or any other land or improvement that becomes or has become a highway by any of the following:
(a) deposit of a subdivision, reference or explanatory plan in a land title office under section 107 of the Land Title Act;
(b) a public expenditure to which section 42 applies;
(c) a common law dedication made by the government or any other person;
(d) declaration, by notice in the Gazette, made before December 24, 1987;
(e) in the case of a road, colouring, outlining or designating the road on a record in such a way that section 13 or 57 of the Land Act applies to that road;
(f) an order under section 56 (2) of this Act;
(g) any other prescribed means;
I hope this has been of some assistance. Thanks for visiting.
Yours truly,
Erik Magraken
March 4th, 2011 at 8:05 pm
I recently heard that using a cellphone while at a stoplight or stop sign is included in the list of uses that you can get fined for. Is that true?
March 4th, 2011 at 10:11 pm
Gail, thanks for your inquiry. You are correct. In fact, this is not a new development but has been the law since this regulation came in force in 2010.
Yours truly,
Erik
March 10th, 2011 at 5:25 pm
I saw a news bit about Ignition interlock Devices potential safety hazards, relating them to the hand held electronic device ban. Would an electronic device such as an Ignition Interlock Device fall into this category of an ‘electronic device’ where it can not be operated while driving?
July 28th, 2011 at 10:09 pm
Hey Erik,
I have a question: does simply holding the device for less than 5 seconds after picking it up from the floor be violating this act? (not emailing, texting, calling, or dialing the phone or using the function in anyway) or would simply holding it in hand is a distraction and hence violation?
Thanks,
Jimmy
July 28th, 2011 at 10:34 pm
Jimmy, thanks for your inquiry. The short answer is yes, simply holding the device could be a violation because the definition of use includes “holding the device in a position in which it may be used”
Yours truly,
Erik
August 31st, 2011 at 10:32 pm
Why is it illegal or unsafe to use a cellphone while at a stoplight or stop sign or stopped in traffic? You’re not in danger of hitting anyone in any of these situations.
August 31st, 2011 at 10:48 pm
It is not necessarily unsafe but it is illegal due to the strict wording of the prohibition under the Motor Vehicle Act.
Yours truly,
Erik Magraken
October 20th, 2011 at 12:50 am
At which point does a “cellphone” cease being an “electronic device”. a) non functioning due to dead or missing batteries, B) non functioning due to missing components(ie screen,electronics). c) a hollow case d) a toy look alike ?
Also you interpret the law to mean that looking at even a legal device is prohibited. The device must then be hidden from view also ? (As I am a normal human I automatically react to an alarm or ring by glancing in the direction of the noise) As I am a speedreader will I be charged if I happen to see the callers name as I glance ?
As you state above some of these regulations are not meant for improving safety but other than to make it easier to entrap people that are stationary at 90 second stop lights for instance that out of sheer boredom glance at their cellphones (either hand-held or hands-free), what exact justification does the esteemed author of this particular regulation have ? (Other than the very obvious cash cow of a ticketing bonanza by police stalkings at stop lights as is currently the case).???