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Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 10-03-2011, 11:50 AM   #26
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Trying to light my smoke in the car's pretty hard. and dangerous. I drive a stick, so it's that much harder doing it while I'm rowing my gears. I just do it now at a red light. And red lights only pretty much =p

Phone wise.....I've never had a problem. I don't text-drive, and have always had a headset. Altho I've come close to blows with ppl that come close to my car in traffic. While on the phone.

I can agree with the no cell phone/electronics law, but I DO see flaws in it. IE: A few months ago, I was in a friend's car, driving down Lougheed Hwy. He merely shifted his iPhone to a different cupholder, and BOOM. Ticket. =p We were told by the PO that we can't even TOUCH the item while driving, regardless of what it's for.
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Old 10-03-2011, 12:10 PM   #27
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Originally Posted by BallPeenHammer2 View Post
He merely shifted his iPhone to a different cupholder, and BOOM. Ticket. =p We were told by the PO that we can't even TOUCH the item while driving, regardless of what it's for.
From the MVA:

Quote:
"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.
The onus should be on the officer to prove that the device was being held in a position in which it may be used. I don't see anywhere in the act where it prevents you from moving it from one cupholder to another.

Once again, officers taking the law too far and applying their own interpretation of it.


While we're on the topic:

Could someone please tell me what the difference is between pressing the "Next track" button on the side of a phone and the "Next track" button on the front of the car's stereo?
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Old 10-03-2011, 12:24 PM   #28
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^ Depends on if the item's MOUNTED. If it's just "sitting in a cupholder" then a ticket would be warranted. If mounted on an iPod mount, then it should be ok. I've a friend with a miata with that mount on the corner of his windshield, and he's blatantly used it to change tracks MANY times in front of law enforcement, in a safe way, and never have we been pulled over for it.

Either way, can one of the mods verify? thanks =)


As for my friend, he's in the auto business, so a clean record's paramount to his job. He literally picked it up on the top edge of the phone, and lifted it up 2-3 inches and put it into the cupholder right beside it. =p
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Old 10-03-2011, 12:41 PM   #29
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"Moving a device" does not equal "holding the device in a position in which it may be used".

If I'm in the drive-thru and I can't move my phone out of my cupholder, does that mean I have to drive holding the cup?
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Old 10-03-2011, 12:51 PM   #30
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^ lol I kinda argued that point with the cop.

well, except the drive-through part =p
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Old 10-03-2011, 01:09 PM   #31
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So again, the officer said you cannot touch the device while driving.

The act doesn't prohibit touching the device, only holding it in a position in which it may be used. The officer can't tell you not to touch it if the act doesn't state that.

Why are the police making up their own laws now?
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Old 12-28-2011, 12:35 PM   #32
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Bluetooth devices probably shouldn't be allowed, but enforcing that would be a nightmare.

It's the act of holding a conversation with someone who is not in the vehicle that is the key problem.

I'm sure many collisions happen because a driver is distracted by kids fighting in the back seat, or had turned to look at their passenger while talking to them.
well N drivers are prohibited from using bluetooth devices, how do you go about enforcing that? Why are N drivers prohibited, but people with the full license arent? Since the whole issue has to do with having a converation with someone outside the vehicle, then shouldnt it be banned for everyone?
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Old 12-28-2011, 03:06 PM   #33
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Quote:
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well N drivers are prohibited from using bluetooth devices, how do you go about enforcing that? Why are N drivers prohibited, but people with the full license arent? Since the whole issue has to do with having a converation with someone outside the vehicle, then shouldnt it be banned for everyone?
N drivers still have to prove they are worthy drivers. So they prefer that they learn about their driving habits more then where they are going to party that night. "N" drivers are novice drivers for a reason, because they don't have tonnes of road experience. This is how ICBC gets you to practice but in a safe manner by only allowing 1 passenger so their are less distractions. Just like how a cell phone can distract you.

This is why there is a class 5 test to see if your competent enough to drive.

In most cases people will get their "N" and after the 2 year limit they wont care about getting a class 5 since they are able to drive themselves and feel comfortable. But what they don't expect is if you get 1 speeding tickets or any infraction you lose your license for 3 months. Then they cry about it cause they cant drive and they need to get to blah blah blah.
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