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Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 03-13-2013, 11:14 PM   #26
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Quote:
Originally Posted by sebberry View Post
Why is it legal to have a map spread out over the steering wheel while driving, but you can't pick up the phone and look at your location on the screen?
Would that classify as "Driving without due care and attention"?

I heard something like using the built-in touch screen and nav/radio interface of your vehicle is also illegal because it falls under the same category of distracted driving.. Maybe even tweaking your fan.

God help you if you drive a Tesla on BC roads

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Old 03-14-2013, 10:58 AM   #27
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Quote:
Originally Posted by AW607 View Post
Would that classify as "Driving without due care and attention"?

I heard something like using the built-in touch screen and nav/radio interface of your vehicle is also illegal because it falls under the same category of distracted driving.. Maybe even tweaking your fan.

God help you if you drive a Tesla on BC roads

You could always have been fined for driving while on the phone. The umbrella term of driving without due care and attention could be used for a lot of distracted/dangerous driving offences. The new law regarding cell phones and electronic devices is actually cheaper than a driving without due care fine, and it is no longer a grey area when it comes to disputing.
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Old 03-14-2013, 10:59 AM   #28
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Quote:
Originally Posted by AW607 View Post
Would that classify as "Driving without due care and attention"?

I heard something like using the built-in touch screen and nav/radio interface of your vehicle is also illegal because it falls under the same category of distracted driving.. Maybe even tweaking your fan.

God help you if you drive a Tesla on BC roads

did you read my post on the first page?
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Old 03-14-2013, 01:57 PM   #29
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[
God help you if you drive a Tesla on BC roads

[/QUOTE]

From what the NY Times says, God help you anywhere you drive one.

http://www.nytimes.com/2013/02/24/au...anted=all&_r=0
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Old 03-24-2013, 11:56 AM   #30
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Quote:
Originally Posted by AW607 View Post
Would that classify as "Driving without due care and attention"?

I heard something like using the built-in touch screen and nav/radio interface of your vehicle is also illegal because it falls under the same category of distracted driving.. Maybe even tweaking your fan.

God help you if you drive a Tesla on BC roads

Or "distracted driving"
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Old 03-24-2013, 01:25 PM   #31
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Or "distracted driving"
there is no offence under the MVA titled "distracted driving"
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Old 03-24-2013, 07:48 PM   #32
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i got a ticket the other day for picking up my phone to see if it was charging n dropping it back on my seat lol.. touched it for literally 2 seconds at a stop light.. funny thing is i dont even need to use it because I have bluetooth.. The cop said that as long as you have it in your hand you'll get a ticket.. I didn't really argue no point
That's why anytime I'm checking my phone I don't hold it up to my face like so many other people do. Can people be anymore obvious.
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Old 03-25-2013, 12:01 AM   #33
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One time I was at a red light changing the song on my iphone and ironically a cop pulls up right beside me, I see him and thinking OH SHIT... he rolls down his window and says you know thats illegal right! and then sped off..
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Old 11-28-2014, 07:45 PM   #34
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has anyone beaten an electronic device ticket?
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Old 12-17-2014, 03:27 PM   #35
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If I really need to do something with my phone, I always keep it low, right under the steering column, head angle in natural driving position, using eyeballs only, lower to the appropriate angle to view your phone. Even better if you have sunglasses on if it's sunny.
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Old 12-17-2014, 06:10 PM   #36
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Even better if you have sunglasses on if it's sunny.


Rock sunglasses year round, to avoid cell phone tickets...
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Old 12-17-2014, 09:33 PM   #37
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One time I was at a red light changing the song on my iphone and ironically a cop pulls up right beside me, I see him and thinking OH SHIT... he rolls down his window and says you know thats illegal right! and then sped off..

Yeh....damn those General Duties types.........giving Traffic Members a bad name again!
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Old 12-18-2014, 12:02 AM   #38
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I got warned about that. apparently according to some cop that let me go. you cant even have phone connected to your system through an aux
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Old 12-18-2014, 12:40 AM   #39
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I got warned about that. apparently according to some cop that let me go. you cant even have phone connected to your system through an aux
You can, but unless it's lag bolted to the dash it's a dangerous distraction, apparently. Phones may be used to play music back through the car's sound system, but it must be securely attached to the dash, not loose in a cup holder or on a seat.

Not sure they thought that one through properly.
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Old 12-18-2014, 12:46 AM   #40
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What about using a portable speaker in your car that is mounted in the cup holder? (It's circular and fits perfectly)

I'm asking because my car doesn't currently have a working radio and I've been doing this as a temporary fix until I get the time to it over this winter break. My phone is Bluetooth'd to the speaker and sits in my pocket, I don't change songs and only use the top-mounted buttons on the speaker to change volume and mute and such.

Would that then be illegal, though my phone is in my pocket (away from my care and control)?
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Old 12-18-2014, 06:06 AM   #41
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Originally Posted by sebberry View Post
You can, but unless it's lag bolted to the dash it's a dangerous distraction, apparently. Phones may be used to play music back through the car's sound system, but it must be securely attached to the dash, not loose in a cup holder or on a seat.

Not sure they thought that one through properly.
Incorrect. You've made this inference several times now. If you are not using the phone/mp3 player, there is nothing wrong with having it plugged into the aux outlet and sitting in the cup holder. It is only when you begin to use it while driving that you have problems. And by using it, I mean the definitions of "Use" that have been provided here many times, not the act of the phone being used to transmit music.
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Old 12-18-2014, 08:26 AM   #42
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Incorrect. You've made this inference several times now. If you are not using the phone/mp3 player, there is nothing wrong with having it plugged into the aux outlet and sitting in the cup holder. It is only when you begin to use it while driving that you have problems. And by using it, I mean the definitions of "Use" that have been provided here many times, not the act of the phone being used to transmit music.
That's not what this says:

Quote:
Hand-held audio players
A person may listen to sound from a hand-held audio player if:

The device is not held in the person’s hand; 

The device is securely fixed to the motor vehicle or worn securely on the person’s body in a manner that does not obstruct the person’s view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle; and

The sound is emitted through the speakers of the sound system of the motor vehicle

Source: http://www.pssg.gov.bc.ca/osmv/share...le-driving.pdf
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Old 12-18-2014, 08:39 AM   #43
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Interesting. I've read that before but never considered issuing a ticket for that scenario. I stand corrected. I guess that under the definition of use, "operating one or more of the device's functions" would cover that, but i personally would never ticket for that, nor do i know anyone that would ticket for the same. For me, so long as a person is not physically using or being distracted by a device, I'm satisfied.
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Old 12-18-2014, 09:03 AM   #44
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Backing up the truck a bit I'd like to know where that document is defined as the official list of prescribed devices or uses as it seems like it can be edited easily without an amendment to the MVA.

That's been one of the biggest contentions I have with this legislation and every time I bring it up around here I seem to get a variety of sarcastic, rude or completely over the top justifications for it.

It seems like you would take a reasonable approach to enforcing the law (looking for people being distracted by a device), but I fear the application of the law will vary by officer. And it would stand up in court.
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Old 02-19-2015, 09:56 PM   #45
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So I have a very similar story to the OP. And I have no problem admitting guilt and owning up to my mistakes and coughing up money for a ticket. But this time I truly believe I was in the right.

My SUV is old and I use my iPod as my music source as well as GPS and always have it holstered in a charger very similar to this image below. and the headphone jack to one of those old tape players



I was driving home to Richmond tonight from Vancouver and stopped at a red light at an intersection waiting to make a left turn. During the red light, I was skipping tracks on my device (please keep in mind it is still holstered). A second later I look to my right and there is a cop on a motorcycle who is looking at me and points his finger to pull over. The light turns green, I make my left turn and pull over about a 1/4 block after the intersection.

I roll down my window as the officer (VPD) approached and he tells me "It looks like you were texting. Do you know its illegal to use a phone while driving?". I told him "Yes, I know but I wasn't texting" and grabbed the iPod and said "you can have a look if you don't believe me" and he replies "don't worry I'll tell you how to make the ticket cheaper" and walks back to his bike and writes me up for a 214.2 (1)

Quote:
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.
Originally I assumed this law only applied to phone calls and texting. According to the definition of the law, my iPod is considered a "Prescribed electronic device".

Quote:
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;
http://www.bclaws.ca/Recon/document/ID/freeside/96318_06
Quote:
Prescribed electronic devices
3 (1) The following electronic devices are prescribed for the purposes of paragraph (c) of the definition of "electronic device" in section 214.1 of the Act:

(a) electronic devices that include a hands-free telephone function;
(b) global positioning systems;
(c) hand-held electronic devices, one of the purposes of which is to process or compute data;
(d) hand-held audio players;
(e) hand microphones;
(f) televisions.
http://www.bclaws.ca/civix/document/id/complete/statreg/308_2009
Quote:
Global positioning system
8 (1) Subject to subsection (3), a person may use a global positioning system for navigation purposes while driving or operating a motor vehicle on a highway, if the system is
(a) installed in accordance with section 4 if subsection (3) of this section does not apply, and
(b) operated in accordance with this section.
(2) A person may use a global positioning system while driving or operating a motor vehicle on a highway, if the system
(a) is programmed before the person begins to drive or operate the motor vehicle, or
(b) can be programmed in a voice-activated manner.
(3) If a global positioning system is a hand-held type, a person may use the system while driving or operating a motor vehicle on a highway if, in addition to the requirements of subsection (2), the system
(a) is not held in the person's hand, and
(b) is securely fixed to the motor vehicle in a manner that does not obstruct the person's view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.
http://www.bclaws.ca/civix/document/id/complete/statreg/308_2009
Quote:
Hand-held audio player
10 A person may use a hand-held audio player while driving or operating a motor vehicle on a highway if

(a) the device
(i) is not held in the person's hand, and
(ii) is securely fixed to the motor vehicle or worn securely on the person's body in a manner that does not obstruct the person's view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle, and
(b) the sound is emitted through the speakers of the sound system of the motor vehicle.
http://www.bclaws.ca/civix/document/id/complete/statreg/308_2009
So after researching, according to the law I did comply with all regulations. The iPod was holstered (which I believe to be "securely fixed") while in use and is no different than changing a radio station with the original stereo. So I'm disputing this anyways and I really hope the cop shows up because at least I'll have a solid answer, instead os it getting tossed out for a "no show" and if I win I can keep a copy of the record for the future, in case it happens again.

Last edited by YaKuZa_GS; 02-19-2015 at 10:25 PM.
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Old 02-20-2015, 05:53 AM   #46
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Good on the government helping save the people from themselves!
Considering that distracted drivers kill more than impaired drivers in BC, I don't mind the law.

Distracted driving is killing more people than impaired driving so the B.C government is proposing tougher penalties for such behaviour, says Justice Minister Suzanne Anton.

Eighty-one people were killed in British Columbia by distracted driving, compared with 55 by impaired driving, in 2012, the last year for which statistics were available, the minister said Wednesday.
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Old 02-20-2015, 09:28 AM   #47
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Nobody is killing anyone while they're stopped at a red light.
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Old 02-20-2015, 10:55 AM   #48
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Until they'Re not paying attention to whats ahead of them and think that the left turn advanced arrow is actually their green light and run over the pedestrian running across trying to beat the light/traffic.
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Old 02-20-2015, 11:08 AM   #49
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^You could say that for any distraction in the car... Let's ban kids and passengers. Let's ban HVAC controls...

Tickets for skipping a song on your phone when you don't have to take your eyes off the road are absurd.
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Old 02-20-2015, 03:19 PM   #50
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Quote:
Originally Posted by YaKuZa_GS View Post
So I have a very similar story to the OP. And I have no problem admitting guilt and owning up to my mistakes and coughing up money for a ticket. But this time I truly believe I was in the right.

My SUV is old and I use my iPod as my music source as well as GPS and always have it holstered in a charger very similar to this image below. and the headphone jack to one of those old tape players



I was driving home to Richmond tonight from Vancouver and stopped at a red light at an intersection waiting to make a left turn. During the red light, I was skipping tracks on my device (please keep in mind it is still holstered). A second later I look to my right and there is a cop on a motorcycle who is looking at me and points his finger to pull over. The light turns green, I make my left turn and pull over about a 1/4 block after the intersection.

I roll down my window as the officer (VPD) approached and he tells me "It looks like you were texting. Do you know its illegal to use a phone while driving?". I told him "Yes, I know but I wasn't texting" and grabbed the iPod and said "you can have a look if you don't believe me" and he replies "don't worry I'll tell you how to make the ticket cheaper" and walks back to his bike and writes me up for a 214.2 (1)



Originally I assumed this law only applied to phone calls and texting. According to the definition of the law, my iPod is considered a "Prescribed electronic device".








So after researching, according to the law I did comply with all regulations. The iPod was holstered (which I believe to be "securely fixed") while in use and is no different than changing a radio station with the original stereo. So I'm disputing this anyways and I really hope the cop shows up because at least I'll have a solid answer, instead os it getting tossed out for a "no show" and if I win I can keep a copy of the record for the future, in case it happens again.
as per this

http://www.pssg.gov.bc.ca/osmv/share...le-driving.pdf

Hand-held audio players
A person may listen to sound from a hand-held audio player if:
 The device is not held in the person’s hand;
 The device is securely fixed to the motor vehicle or worn securely on
the person’s body in a manner that does not obstruct the person’s
view of the front or sides of the motor vehicle or interfere with the
safety or operating equipment of the motor vehicle; and
 The sound is emitted through the speakers of the sound system of
the motor vehicle
Note 1: The driver may pre-program or set the device to play while the vehicle is safely parked
and off the roadway.


COMPLETE BAN – ALL DRIVERS
 A driver must not hold, operate, communicate or watch the
screen of a hand-held electronic communication device

A driver must not hold, operate, communicate or watch the
screen of a hand-held electronic computing device, one of the
purposes of which is to process or compute data.


so technically you broke the law. you are supposed to preset the ipod like you would a gps... and you are not allowed to look at the screen.
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