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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 12-09-2014, 02:05 PM   #1
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Reading at a red light.

I was stopped at a red light, and while waiting, read a bit on my ipad. Which, since I am posting here, obviously led to a ticket. Officer explained that using an electronic device, for whatever purpose, while in the car is prohibited. When I pointed out that I was simply reading, he stated that even if this had been a paper book, it would still be illegal.

Is this accurate? Is standing at a red light operating the motor vehicle? And does an ipad that cannot communicate without wifi fall under "a prescribed class or type of electronic device"?
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Old 12-09-2014, 02:15 PM   #2
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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.

You broke the law and now you need to pay the consequences.
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Old 12-09-2014, 02:58 PM   #3
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I think you could have been cited for section 144 instead, which is driving without due care. I think "driving" includes even when your vehicle is stopped.

In this case, he might have been able to choose one or the other, but if you were reading a paper book, only section 144 would apply.
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Old 12-09-2014, 03:08 PM   #4
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Is your iPad powered by electricity or is a pad of paper?
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Old 12-09-2014, 03:10 PM   #5
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It is a ticketable offense these days, yes. I've wondered though, would a tourist unfamiliar with the area (and modern technology) who pulled out a map get a ticket?

I've been ticketed at a red light before too. And now every time I notice some chick doing her makeup I wonder to myself, how is that any different!? She's paying no more attention to the road than I was. Do they get tickets too?

Sorry for kinda hijacking thread..
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Old 12-09-2014, 03:12 PM   #6
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I have no problem with paying a fine when I am wrong. And if the law is written so that what I did is considered illegal, then I will obviously pay it. But let's not pretend that this is not petty nick-picking just to fill a quota, ok?

And yes, I did ask for clarification, because while I used to blindly trust police to do the right thing, those days are sadly long gone.

By the way, pingu81, I also read the law. Repeating it was not helpful. What I asked was clarification of what I read. Simply posting the law and then declaring that I broke the law and must pay the consequences clarified nothing.

InvisibleSoul, thanks for the clarification of driving. That is what I was asking for, and I guess I am off to pay my ticket.
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Old 12-09-2014, 03:13 PM   #7
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Is your iPad powered by electricity or is a pad of paper?
Electricity, last I checked, which makes it an electronic device. Which would fall under the catch all part C, right?
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Old 12-09-2014, 03:17 PM   #8
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You're driving, why the hell are you reading at a red light? You want to read? Take the fucking bus. I hate assholes like you.
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Old 12-09-2014, 03:23 PM   #9
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Quote:
Originally Posted by punkwax View Post
It is a ticketable offense these days, yes. I've wondered though, would a tourist unfamiliar with the area (and modern technology) who pulled out a map get a ticket?

I've been ticketed at a red light before too. And now every time I notice some chick doing her makeup I wonder to myself, how is that any different!? She's paying no more attention to the road than I was. Do they get tickets too?

Sorry for kinda hijacking thread..
I totally agree.

I write on my clipboard at red lights, eat, change songs on my deck... All of which I don't see how it doesn't distract me just as much if not more as texting/reading
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Old 12-09-2014, 03:24 PM   #10
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Quote:
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It is a ticketable offense these days, yes. I've wondered though, would a tourist unfamiliar with the area (and modern technology) who pulled out a map get a ticket?
Officers may exercise discretion and probably let them off with a warning.
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Old 12-09-2014, 03:29 PM   #11
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Way to be discrete on the 'ol iPad
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Old 12-09-2014, 03:39 PM   #12
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You're driving, why the hell are you reading at a red light? You want to read? Take the fucking bus. I hate assholes like you.

Because I felt like reading, was not aware that whatI was doing was illegal, and didn't feel like taking the bus. And you will forgive me if having an insignificant gnat such as you hate me bothers me not at all, right?

Switch to decaf.
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Old 12-09-2014, 03:41 PM   #13
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Way to be discrete on the 'ol iPad
Not a question of being discrete. I didn't think it was illegal, since I was at a red light, and not moving. Now that I know, I will pay the fine and not do it again. No discretion necessay.
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Old 12-09-2014, 03:44 PM   #14
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Is your iPad powered by electricity or is a pad of paper?
By the way, considering that the officer said that reading a paper book is also illegal, why does the electricity matter?
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Old 12-09-2014, 04:00 PM   #15
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Because I felt like reading, was not aware that whatI was doing was illegal, and didn't feel like taking the bus. And you will forgive me if having an insignificant gnat such as you hate me bothers me not at all, right?

Switch to decaf.
ignorantia juris non excusat

pay fine

move on with life

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Old 12-09-2014, 04:04 PM   #16
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ignorantia juris non excusat

pay fine

move on with life

doneski

Totally agree. Just wanted to know. To take part of the ignorance part, y'know?
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Old 12-09-2014, 04:04 PM   #17
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Quote:
Originally Posted by punkwax View Post
It is a ticketable offense these days, yes. I've wondered though, would a tourist unfamiliar with the area (and modern technology) who pulled out a map get a ticket?

I've been ticketed at a red light before too. And now every time I notice some chick doing her makeup I wonder to myself, how is that any different!? She's paying no more attention to the road than I was. Do they get tickets too?

Sorry for kinda hijacking thread..
We were talking about this the other on our way to a Christmas party.. the cab driver whipped out a huge map as he was rolling up to a red light, how the hell is that not a distraction!?

I just moved here from another province and have no idea where I'm going 90% of the time so I use my phones gps... but if I get caught I'd get a distracted driving ticket?
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Old 12-09-2014, 04:07 PM   #18
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By the way, considering that the officer said that reading a paper book is also illegal, why does the electricity matter?
What's the ticket called
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Old 12-09-2014, 04:12 PM   #19
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Quote:
Originally Posted by punkwax View Post
It is a ticketable offense these days, yes. I've wondered though, would a tourist unfamiliar with the area (and modern technology) who pulled out a map get a ticket?

I've been ticketed at a red light before too. And now every time I notice some chick doing her makeup I wonder to myself, how is that any different!? She's paying no more attention to the road than I was. Do they get tickets too?

Sorry for kinda hijacking thread..
I'm paranoid opening a new pack of gum at a redlight LOL.
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Old 12-09-2014, 04:15 PM   #20
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I got a ticket once at a red light intersection of 3 and Westminster. The cop walks up and says I'm not allowed to use any electronic device will driving. I told him I'm just changing the song on my head unit(2005 SL with aftermarket head unit). He still gave me a ticket even tho I explained to him that control talk didn't exist back then. Went to court 9 months later. Judge threw it out. I'm getting real tired of this law. It should just restrict electronic devices to hand held only. What if it is a positioned and secured device? People use there phones as a GPS and as Bluetooth. But they mount it on the vent. With this law you can't even have a electronic device visible to the eye
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Old 12-09-2014, 04:17 PM   #21
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Originally Posted by Godzira View Post
We were talking about this the other on our way to a Christmas party.. the cab driver whipped out a huge map as he was rolling up to a red light, how the hell is that not a distraction!?

I just moved here from another province and have no idea where I'm going 90% of the time so I use my phones gps... but if I get caught I'd get a distracted driving ticket?
If you have a GPS, or you are using your phone as a GPS, you need to satisfy the below requirements:

A person may use a Global Positioning System (GPS) for navigation purposes while driving if:
-It is programmed before the person begins to drive or operate the vehicle; It can be programmed in a voice-activated manner;
- If it is a hand-held GPS device, it must not be held in the hand; and
- It must be securely fixed to the motor vehicle in a manner that does not obstruct the personís view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the vehicle
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Old 12-09-2014, 04:19 PM   #22
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Originally Posted by punkwax View Post

I've been ticketed at a red light before too. And now every time I notice some chick doing her makeup I wonder to myself, how is that any different!? She's paying no more attention to the road than I was. Do they get tickets too?

Sorry for kinda hijacking thread..
She can get driving with undue care ticket or something like that. I hope they do get those. I've seen some do makeup while actually driving.
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Old 12-09-2014, 04:23 PM   #23
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Quote:
Originally Posted by punkwax View Post
I've been ticketed at a red light before too. And now every time I notice some chick doing her makeup I wonder to myself, how is that any different!? She's paying no more attention to the road than I was. Do they get tickets too?

Sorry for kinda hijacking thread..
If a police officer sees them doing it, then yes, they can and they should get tickets by section 144, driving without due care and attention.

However, because there is so much emphasis on electronic devices nowadays, they get more than their fair share of attention.
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Old 12-09-2014, 04:26 PM   #24
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InvisibleSoul, thanks for the clarification of driving. That is what I was asking for, and I guess I am off to pay my ticket.
It's similar to how people have gotten DUI tickets, even when they were found passed out in a parked car with their engine running.
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Old 12-09-2014, 04:28 PM   #25
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By the way, considering that the officer said that reading a paper book is also illegal, why does the electricity matter?
It doesn't, except in this case, another bylaw applies.

In a way, you might have been lucky that you were reading an iPad instead of a paper book.

I think the penalty for section 144, driving without due care and attention, is stiffer than what you got.
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