BC Injury Law and ICBC Claims Blog

Driving While Using Hand Held Cell Phone Soon to be Prohibited

Driving while using a cell phone increases the chances of an accident.  In fact, a recent study has shown that distracted drivers can be more likely than impaired drivers to cause an accident.

With statistics like these in mind the BC Government has introduced amendments to the Motor Vehicle Act which come into force in January, 2010 making it unlawful to text/e-mail while driving and also making it unlawful for drivers to use a hand-held cell phone while driving.

These new laws are changes for the better and hopefully will reduce the number of accidents on our roads.  The BC Government’s press release introducing this law came out today and states as follows:

VICTORIA – B.C. roads will be safer following legislative changes to prevent the use of hand- held cellphones, portable electronic devices and text messaging while driving, Solicitor General Kash Heed announced today.

“We’re taking action today because British Columbians have made it clear they support stronger restrictions on cellphones and other devices that take a driver’s hands off the wheel and their eyes from the road,” said Heed. “Simply put, you cannot talk, type or dial on any hand-held device while driving.”

Changes to the Motor Vehicle Act (MVA) upon legislative approval are to take effect on Jan. 1, 2010. At that point, only hands-free cellphones and devices that require one touch to activate will be permitted. Drivers in the Graduated Licensing Program (GLP) will not be permitted to use hands-free phones in addition to other prohibited activity.

A new fine in the amount of $167 will begin to be levied on Feb. 1, 2010. If drivers are caught texting or emailing they will receive an additional three penalty points. Further, drivers in the GLP will receive the $167 fine and three penalty points for any violation of this legislation.

“As physicians, we often see the consequences of those injured in a car crash because a distracted driver was using a cellphone,” said Dr. Brian Brodie, president of the BC Medical Association. “This is preventative legislation that focuses on being responsible with new technology in a way that doesn’t put people’s lives at risk.”

Clayton Pecknold, vice-president of the B.C. Association of Chiefs of Police said, “Police have been looking forward to these changes because it gives us another enforcement tool to create safer roads in this province.”

According to independent research and studies, cellphone use while driving is the number-one cause of distracted driving. On average, about 117 people die each year in B.C. and 1,400 are sent to hospital because someone was not paying attention behind the wheel.

In the coming months, government will launch an awareness campaign to educate drivers on the new law and the importance of paying attention to the road, pedestrians and other cars around them.

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8 Responses to “Driving While Using Hand Held Cell Phone Soon to be Prohibited”

  1. Geodok Says:

    I heard that legislation is to be passed making using hand-held cell phones illegal while driving in BC. I wish I could say I am pleased that the usual experience of nearly being pasted (or watching while others are) by drivers with their situational awareness drastically compromised this way will no longer be so much of a hazard. Sadly though, this will not be so.

    The good intension of this legislation will unfortunately not be accompanied by the traffic enforcement officers, vehicles, fuel, maintenance, pension costs, etc. that it would take to enforce it. Take the habitual ignoring of stop lights and stop signs in Vancouver. This is pervasive because the chances of being sighted as essentially zero. I have actually seen a hand-out from a cruise ship company warning passengers to use extra caution in downtown Vancouver because of stop light and sign runners.

    So while I applaud your good intentions, without the means to enforce the law, it will just be added to stop signs as another traffic law that’s ignored.

  2. Yaxley Says:

    I feel that this will be a decent improvement on the road. The first point I would like to make about this law, is I don’t see this becoming start to resonable grounds to pull someone over (unless of course, your an Learner driver, Noivce driver, or they suspect more on top of this.) I don’t see police setting up road blocks trying to catch people texting, or using handheld devices but rather using it ontop of existing laws.

    So say if Geodok you were running a stop sign, and texting you would recive three demerits for the fail to stop AND an extra three for texting your mom saying you were caught. In total you would have SIX points on your liceance. So no more driving for you.

    Yes, there is extra costs with enforcing this law, but that could be said with any law. I see the point of a warning of stop sign runners, I am one who tends to roll through them without coming to a complete stop when the coast is clear.(At least your eyes don’t leave the road) BUT try it with an officer on a bad day or even on a good day, that time you saved by not stopping is going to be doubled when they ask you for your drivers liceance.

    So, try your luck you may get that important text of pasta dinner and not see the kid following his ball on to the road… Or make it home safe.

  3. New Cell Phone Driving Restrictions Now in Force in BC | ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC Says:

    […] I previously posted, effective January 1, 2010 section 214 of the BC Motor Vehicle Act was amended adding section 214.1 […]

  4. New Cell Phone Driving Restrictions Now in Force in BC | ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC Says:

    […] I previously posted, effective January 1, 2010 section 214 of the BC Motor Vehicle Act was amended adding section 214.1 […]

  5. David C Says:

    Good stuff, this will save many lives out there, save many from injury. I always thought, “Why isn’t it illegal to text, or navigate the phone menus while driving?”. I look over at people, and they’re barely paying attention to the roads, it’s rediculous, if I were a cop, I would pull them over and give them a ticket right there for playinging with fire, someone’s bound to get hurt from it, so why not have a law, why not put some effort into it? The small efforts put into this can save your life, that’s worth more than the thousands of dollars, and hundreds of hours put into making the law, don’t you think? In 1 month, be appreciative that your life may have been the one saved by all these efforts, that’s enough. For those who are skeptical of how much it helps, the proof is out there, it doesn’t matter if you deny it or not, the roads ARE safer with this law.

    It’s unimaginable that this wasn’t made sooner, but better late than never.

  6. Write At The Moment » Blog Archive » Driving Erratically… Ironically Says:

    […] in January of this year, a new law was passed in our province prohibiting talking on cell phones while driving.  As I understand it […]

  7. Angelena Chauffe Says:

    May I acquire a part of your info to my blogs

  8. MacIsaac Says:

    Angelina, thanks for your inquiry.

    I cover this under the “Media Requests” section of my blog which can be found at the following link:
    http://icbclaw.com/media-requests.htm

    Content from my blog is available for reproduction in good faith provided that it is quoted in context, that credit is provided to me and the source is cited. If the content is reproduced on-line a link back would be appreciated. Reproduction for Spam purposes is not permitted and copyright remedies may be enforced if content from this site is improperly reproduced.

    Thanks for visiting.

    Yours truly,

    Erik Magraken

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