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

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Old 10-09-2012, 02:46 PM   #26
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i was expecting a trailer park boys reference from you
I'll see if Mr Lahey has a s**tstorm reference I can use instead.
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Old 10-09-2012, 02:56 PM   #27
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i was expecting a trailer park boys reference from you
Mr. Lahey: Who is this park, or even in the whole world, doesn't have problems? Who doesn't have a drink too many times once in a while and maybe even winds up passed out in their own driveway, pissing themselves? Who doesn't drink too much sometimes or who doesn't have a puff from time to time? And who doesn't have problems with the people they love? This is our home. This is our community. I am Jim Lahey, and *I am your trailer park supervisor!*
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Old 10-10-2012, 04:45 AM   #28
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Corner of renfrew & grandview the light just turned red. I was taking my phone out of my pocket and i was just holding it while staring at mcdonalds dozing off, when an officer pulled beside me and ticketed me for just holding it.

Is that really an offense, to briefly 'hold' the electronic device while the light is freshly red, or is it worth my time to dispute it?
You seem a to be a very distracted driver. You deserve the ticket.
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Old 10-10-2012, 11:33 AM   #29
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I grab my phone a few times a day when I drive because it falls out of my phone holder when I go over huge bumps and I use it for GPS, got pulled over twice for that.

While they are walking towards my car, i chuck my phone into the back seat and take out a calculator from my glove box and put it on my passenger seat.

When they ask me was I using my phone, I reply with a solid no. When they ask me where my phone is, I say I have no idea, probably in the trunk in my other jacket.

They look over to the passenger seat and say have a good day.

This is the most retarded law ever.

I see grandpas holding an entire map covering their entire steering wheel and they are harsh focusing and squinting at the map. I see people holding a lunch box and eating out of it with forks with no hands on the steering wheel. I see people shaving
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Old 10-10-2012, 11:37 AM   #30
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^ And those could be valid reasons to be pulled over as well.....
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Old 10-10-2012, 12:02 PM   #31
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Speaking or TPB moments...here's one locally that actually happened. I drove past the crash just after it happened.

Campbell River Mirror - POLICE BEAT: ATV runs amok

I keep seeing Bubbles in his go-kart towing a bunch of shopping carts.
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Old 10-10-2012, 11:47 PM   #32
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I had just picked up a coffee at Tim Hortons earlier and stuck it in my cupholder. My phone was in the cupholder too, and the lid of the coffee cup was resting on the phone. I thought I better move the phone before the weight of the coffee cup pulls the lid off and spills coffee.

I suppose I deserve a ticket for moving my phone? I was in a parking lot waiting to pull onto the road. I wasn't legally parked. Where do I turn myself in for this heinous crime? I wasn't using the phone in a way that permits its use, but that doesn't seem to matter anyway.
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Old 10-11-2012, 12:10 AM   #33
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^ doesn't the law require a cell phone not be used, but also be out of sight unless its fixed to your car in someway? IIRC the authorities are locating your gps coordinates mr sebberry.
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Old 10-11-2012, 06:26 AM   #34
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I had just picked up a coffee at Tim Hortons earlier and stuck it in my cupholder. My phone was in the cupholder too, and the lid of the coffee cup was resting on the phone. I thought I better move the phone before the weight of the coffee cup pulls the lid off and spills coffee.

I suppose I deserve a ticket for moving my phone? I was in a parking lot waiting to pull onto the road. I wasn't legally parked. Where do I turn myself in for this heinous crime? I wasn't using the phone in a way that permits its use, but that doesn't seem to matter anyway.

As requested...here ya go. Always happy to help.
http://bc.rcmp-grc.gc.ca/ViewPage.ac...1&contentId=-1
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Old 10-11-2012, 10:53 AM   #35
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While I think the cellphone rules are a little harsh for just holding it, I do agree that we need the law. I see so many people using cellphones and driving and I just wonder when they'll learn. I see some people running lights and sure enough, they're on the phone. Then I see some just drive very slowly cause they're concentrating on the conversation on the phone. Then I've seen some in a parking lot just stop in the middle to finish their conversation instead of parking the car on the side.

The most blatantly non-paying attention person I saw was a guy in a really nice Impreza STI. I was behind him and checking out his car, and then the left turn light for both directions turned on and he had started inching forward. He obviously wasn't paying attention cause when all the cars in the oncoming lane finished turning, he just took off and he was cleared of the intersection before our light even turned green. He was stopped at the next light and when I caught up, sure enough, he was on the phone and he probably didn't even realize what he did. I remember seeing others around me looking puzzled about what that guy did. This was at Marine and Byrne, so he basically ran the red to make it to the next red for people to turn left to go to Winners.
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Old 10-14-2012, 07:13 PM   #36
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No, having your cellphone in your hand isn't illegal. Holding it in a way it may be used is illegal.

I'd be more than happy if the cell phone fine was $368 - blabbering on it and texting while driving is after all akin to driving drunk. Heck, expand the penalty to an IRP and impound.

If you think "moving" your phone is the same as "using" or "operating" it, then you might need to rethink the issue.

And why would it be unreasonable for the province to add "clipping nails" to the infraction list? They regulate everything else...
Did you ever stop to think that part of the reason the law is written the way it is and is so specific in what actions are illegal, is to head off the idiots who would otherwise constantly use these kinds of excuses to get out of a perfectly deserved ticket? "But your honor, I was just holding my phone against my ear because my ear was cold, I wasn't actually on a call..."

People getting more and more creative (and absurd) with their excuses means the law has to get more and more specific about what is and isn't allowed. Heck, that's part of the reason there's a specific anti-cell-phone law in the first place: because even you agree that talking on the phone or texting are dangerously distracting while driving, but there were just too many attempts to skirt around the generic "driving without due care" laws.
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Old 10-14-2012, 07:15 PM   #37
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I had just picked up a coffee at Tim Hortons earlier and stuck it in my cupholder. My phone was in the cupholder too, and the lid of the coffee cup was resting on the phone. I thought I better move the phone before the weight of the coffee cup pulls the lid off and spills coffee.

I suppose I deserve a ticket for moving my phone? I was in a parking lot waiting to pull onto the road. I wasn't legally parked. Where do I turn myself in for this heinous crime? I wasn't using the phone in a way that permits its use, but that doesn't seem to matter anyway.
Could you just turn yourself in for being a self-righteous douche now? That would suffice, really.

kthxby
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Old 10-14-2012, 07:28 PM   #38
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Did you ever stop to think that part of the reason the law is written the way it is and is so specific in what actions are illegal, is to head off the idiots who would otherwise constantly use these kinds of excuses to get out of a perfectly deserved ticket? "But your honor, I was just holding my phone against my ear because my ear was cold, I wasn't actually on a call..."
The law, written like it is, allows for someone to move their phone so long as they're not using it in a way in which it may be used.

Holding it against your ear is in fact holding it in a way in which it may be used and is deserving of a ticket.
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Old 10-14-2012, 07:31 PM   #39
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what about using your phone for music with an aux or fm transmitter?
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Old 10-14-2012, 07:37 PM   #40
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what about using your phone for music with an aux or fm transmitter?
That's permitted, just don't press any buttons on the phone unless you're legally parked. Preferably with your 4-way flashers on while wearing a hi-vi jacket and a hard hat.
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Old 10-14-2012, 09:09 PM   #41
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I don't get the people that use the "it fell on the floor arguement", you have time to pick it up later, when you're parked, you have no excuse to be picking up your phone while driving.
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Old 10-14-2012, 09:11 PM   #42
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you have no excuse to be picking up your phone while driving.
Or while stopped. And all the cars around you are stopped.
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Old 10-15-2012, 06:03 AM   #43
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Or while stopped. And all the cars around you are stopped.
why would you need to pick up the phone from the floor? wait. if your phone wasn't in hands reach in the first place, you wouldn't need to worry about picking it up from the floor... i mean, you weren't going to use it were you? as mentioned before, the law is the law, you can cry all you want, but at the end of the day, if your phone was in your pocket, or glove box, you wouldn't have any issues. If you need your phone in an emergency, you can always get it from the glove box and it would be justified that you used it.

EVERYONE at this point knows the cell phone law. We even got a buffer period when it first came out, and it was all over the news. If you are getting VT's for it now, you deserve it.

BTW, a calculator is an electronic device, so that is technically fineable as well.
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Old 10-15-2012, 09:40 AM   #44
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Because I don't like things sliding around the floor of my car... Then again I never put the phone on the floor of the car anyway.

Remember folks, moving your phone isn't illegal so as it is done in a way that doesn't allow for its use.
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Old 10-15-2012, 12:01 PM   #45
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Because I don't like things sliding around the floor of my car... Then again I never put the phone on the floor of the car anyway.

Remember folks, moving your phone isn't illegal so as it is done in a way that doesn't allow for its use.
Actually you are giving wrong advice. The definition of "use" in the MVA pretty much prevents you being able to have it in your hand at all. Thanks for coming out though.

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Old 10-15-2012, 12:05 PM   #46
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"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.
"Holding the device in a position in which it may not be used" isn't in the list.
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Old 10-15-2012, 12:55 PM   #47
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^ I have a similar question, if I get pulled over for what ever reason and I want to record the pullover for court use. When the police officer guides me to the side of the road and I shut my car off, Can I simply pull out a camera and start recording? I won't be ticketing for electronic device use since my car is at a complete stop and turned off correct?
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Old 10-15-2012, 01:02 PM   #48
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My understanding is that you need to be "lawfully parked". If a police officer stops you at the side of the road, you're likely not in compliance with this requirement.
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Old 10-15-2012, 01:19 PM   #49
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My understanding is that you need to be "lawfully parked". If a police officer stops you at the side of the road, you're likely not in compliance with this requirement.
Really? getting pulled over by a police officer isn't lawfully parked? Interesting.. so the best thing would be record with a handsfree dash cam or have a passenger record it I'm guessing.
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Old 10-15-2012, 02:51 PM   #50
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"Holding the device in a position in which it may not be used" isn't in the list.
Good luck articulating how at palm sized phone was positioned in your hand so that it could NOT be used.
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