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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 02-27-2013, 03:15 PM   #1
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using phone to change songs whole waiting at red light??

Just wondering if thats something disputable? I use my phone connected to auxillary as my mp3 player and I was browsing thru my song list while stopped at a traffic light and received a ticket for it. My car have built in bluetooth so im not using it to talk. Worth my time disputing or just pay it off? I know the ticket say use of electronic device while driving but my vehicle was at a complete stop at the time. Whats considered driving? When the vehicle is on or moving? If on does that mean of I pull over to the side I can still legally be ticketed?
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Old 02-27-2013, 03:19 PM   #2
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Stupid law but I believe you are still in the wrong. You are not supposed to be using any electronic devices when operating your car. Even if you are fully stopped at a light or a train. It's even safer to just turn on your hazard lights, pull over, setup your playlist, and not get ticketed. I always change my music but am constantly aware of my surroundings and scanning for cops. I've heard of too many people getting screwed over that it's made me pretty paranoid.
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Old 02-27-2013, 04:08 PM   #3
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Now what if you have a windshield mounted device for holding your cellphone? You still have to hit the unlock button and probably swipe to unlock. It's considered handsfree I guess, but I find it's harder and more dicstracting to unlock when it's in the holder because I'm fiddling to hit the button. And the damn radio in the car is an electronic so we should ban that too... such a dumb law
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Old 02-27-2013, 04:38 PM   #4
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I dont fully understand the cellphone law.. when u are using bluetooth its ok but dont u have to use the phone to dial out first if u dont have voice commend?
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Old 02-27-2013, 04:47 PM   #5
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the bluetooth thing is a 1 touch law, meaning that you only need to press a button to answer and end calls, so your bluetooth would be on when u enter the car to begin with, i remember reading this a while ago, so wiping, searching, browsing will not be ok.

pretty much cant use any electronic device you bring in the car while not legally parked

you can get tickets for searching thru your radio. if you swerve in the lane while not paying attention and use it as an excuse, police call it distracted driving or something, same as drinking out of a water bottle while driving
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Old 02-27-2013, 05:58 PM   #6
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It's always a good thing to dispute it, if you feel wronged why not.
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Old 02-27-2013, 05:59 PM   #7
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Old 02-27-2013, 06:06 PM   #8
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Quote:
Originally Posted by terkan View Post
Whats considered driving? When the vehicle is on or moving? If on does that mean of I pull over to the side I can still legally be ticketed?
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Basically any gear other then park, however if your pulled over i doubt a cop will care. Dispute it regardless, i always do and 2 of my 5 tickets cop hasnt showed.
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Old 02-27-2013, 06:37 PM   #9
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Quote:
Originally Posted by ProBoostin View Post
Now what if you have a windshield mounted device for holding your cellphone? You still have to hit the unlock button and probably swipe to unlock. It's considered handsfree I guess, but I find it's harder and more dicstracting to unlock when it's in the holder because I'm fiddling to hit the button. And the damn radio in the car is an electronic so we should ban that too... such a dumb law
I'd like to know about the windshield mount too. If you're not holding it, it's handsfree. How would it be different than using a radio or GPS? Does it still count as a handheld device?

Doesn't seem any different to me than a cop having a mount for his laptop keyboard which he browses while driving...
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Old 02-27-2013, 06:38 PM   #10
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lol i'm in neutral gear if that counts lol since i'm in a manual XD
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Old 02-27-2013, 07:24 PM   #11
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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
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Old 02-27-2013, 07:48 PM   #12
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Are you using an electronic device? Yes.
Are you on the roads when you must be paying attention to conditions around you? Yes.
Do you have an L/N? Yes.

If the answers to the above questions are Yes, then you get a ticket.


Also, as far as windshield mounts and other devices, you are not supposed to use them either. And that includes the radio. This is why a lot of cars are now getting voice controls, so that you can do those things.

Also, my phone is my radio in my car and I have bluetooth audio too. Do you not have audio controls on your head unit or your steering wheel? Because the cops have never had a problem with me hitting 'next' on my steering wheel. And if you don't, you can always just 3M tape a bluetooth remote to your steering wheel.
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Old 02-27-2013, 10:04 PM   #13
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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.
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Old 02-27-2013, 10:36 PM   #14
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Were you using the phone with a cop beside you? How were you guys caught?
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Old 02-28-2013, 12:45 AM   #15
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i don't understand: (c) a prescribed class or type of electronic device;

does that mean any electronic device? because what if you're using an mp3 player that has zero capability of communication via phone/mail/text?
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Old 03-01-2013, 01:41 AM   #16
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i don't understand: (c) a prescribed class or type of electronic device;

does that mean any electronic device? because what if you're using an mp3 player that has zero capability of communication via phone/mail/text?
Not just any, only one that has been prescribed. Look at section 214.6 paragraph (a) to understand:

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;


It's a provision for other electronics to be added to section 214.1 in addition to those described in paragraphs (a) and (b).
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Old 03-01-2013, 09:52 PM   #17
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It sucks, but yes using your phone at anytime you're in control of the vehicle is ticketable. Sounds like he was having a bad day to give it to you and not just a warning, Unless you weren't polite.
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Old 03-05-2013, 10:47 PM   #18
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Given what Zulu posted, you could get a ticket for having a fully BT enabled phone that you used to make a call using only your voice..
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Old 03-06-2013, 06:24 AM   #19
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Given what Zulu posted, you could get a ticket for having a fully BT enabled phone that you used to make a call using only your voice..
"electronic device" means

(a) a hand-held cellular telephone

If it is BT then it won't be hand held would it? That is called hands-free.
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Old 03-06-2013, 07:34 AM   #20
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"electronic device" means

(a) a hand-held cellular telephone

If it is BT then it won't be hand held would it? That is called hands-free.
They're describing what type of device it is. My cellphone is a 'hand held device', whether it's currently in my hand, or in the store on a shelf.

Here are the definitions injected into the sentence:

Prohibition against use of electronic device while driving
214.2 (1) A person must not operate one or more of the functions of a hand-held cellular telephone or another hand-held electronic device that includes a telephone function while driving or operating a motor vehicle on a highway.

So that certainly reads like the 'hand held' portion is just a descriptor for the type of device, and doesn't reflect on how it is used at the time. (The "use" section is what that is for..)
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Old 03-06-2013, 09:53 AM   #21
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The phone is described above as a electronic device...the OP was operating one or more of the functions in a non "hands free" mode by browsing thru the song list. The OP got a VT for doing this. Not sure what the confusion is? Unless the browsing was done hands free the OP was breaking the law. I'm assuming the OP does not have restrictions on a N or L licence?
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Old 03-06-2013, 06:14 PM   #22
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You can browse songs on the screen of a a fancy aftermarket headunit until the cows come home and that's OK, but so help you god if press the "next" button on the side of your phone without taking your eyes off the road.
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Old 03-13-2013, 09:00 PM   #23
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with all the heat, media attention, and initiatives with use of electronic devices while driving, there SHOULDN'T be any slack for those who just "pick up their phone" to see if it is "charged". You know the law, yet you CHOOSE to still pick up your phone. It has been how many years since the law was implemented? Ignorance can no longer be an excuse. What is so important about your phone's charge that is worth 167 dollars? The phone isn't going to charge faster if you check up on it.

and for those wondering about the hands free options

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.

This should clear up what you CAN and CANNOT use http://www.pssg.gov.bc.ca/osmv/share...le-driving.pdf

Last edited by Spidey; 03-13-2013 at 09:07 PM.
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Old 03-13-2013, 09:09 PM   #24
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So tell me this:

Why is it legal to poke at the screen of a head unit to change the song, but not the phone?

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?
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Old 03-13-2013, 09:12 PM   #25
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So tell me this:

Why is it legal to poke at the screen of a head unit to change the song, but not the phone?

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?
I didn't create the law, nor do I think anyone on RS did, so maybe you should email or contact the appropriate agency for that answer.

You can argue laws, whether it is municipal, provincial, or federal until the cows come home. It isn't going to change a thing. You break it and get caught, you "pay up". Simple as that.
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