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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 01-03-2015, 09:18 AM   #1
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Driving with cellular device within arms reach

Got a ticket last night for having my cellphone on my passengers seat. I was charged under section 25(15) of the MVA, but it states that the USE of a cellphone while driving is prohibited. Is having it within arms reach considered using it now?

I was also charged with failure to produce my drivers license under 33(1). and heard that if I go to ICBC and produce my drivers license within 24hr, the charge would be waived. Is this true? TIA
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Old 01-03-2015, 09:22 AM   #2
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What if you have it arms reach in one of those holder do-hickeys?
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Old 01-03-2015, 10:07 AM   #3
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We need fuken Tom Harrington and Marketplace to investigate this cell phone law. It's getting ridiculous!
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Old 01-03-2015, 10:19 AM   #4
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WTF. Everyone keeps their phone within arms reach.

You sure there isn't more to the story? Did you ask the PO why he was issuing that violation if you weren't actually using the phone?
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Old 01-03-2015, 10:34 AM   #5
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Every pocket I have is within arms reach...
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Old 01-03-2015, 11:06 AM   #6
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It's pretty bullshit and it doesn't help that the cop was a major twat. But I just spoke to a buddy who works for ICBC and he said if the phone is in the passengers seat, it requires you to look down if you get a message. So I'm pretty much SOL. Apparently you can play with your phone if its holstered to the dash though. Doesn't make any fucking sense...

The PO told me that my phone should be in the trunk when I drive lol
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Old 01-03-2015, 12:48 PM   #7
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The law says nothing about where in the car you can or can't keep your phone. But it does say that you can't hold the phone or even look at the screen. And just because it's in a dashboard mount doesn't mean you can play with it. This is all considered "using" it. And no, ICBC won't waive any charge if you show your DL within 24 hours.
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Old 01-03-2015, 12:50 PM   #8
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Can anyone confirm if I have a phone attached to a windshield or dashboard mount, and I'm using it for GPS, and I've programmed it before I start driving, is that considered illegal?
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Old 01-03-2015, 01:05 PM   #9
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Quote:
Originally Posted by bicboi View Post
Got a ticket last night for having my cellphone on my passengers seat. I was charged under section 25(15) of the MVA, but it states that the USE of a cellphone while driving is prohibited. Is having it within arms reach considered using it now?

I was also charged with failure to produce my drivers license under 33(1). and heard that if I go to ICBC and produce my drivers license within 24hr, the charge would be waived. Is this true? TIA


Production of licence and liability card, duplicates
33 (1) Every person, except

(a) a person driving or operating a motor vehicle exempted under section 2 (5) or section 8 or 10, or
(b) a person driving or operating a motor vehicle of a fire department of a municipality,
must have his or her driver's licence and driver's certificate and a motor vehicle liability insurance card or financial responsibility card, issued for the motor vehicle he or she is driving or operating, in his or her possession at all times while driving or operating that motor vehicle on a highway, and must produce the licence, certificate and card for inspection on demand of a peace officer.


You didn't and that is why you are guilty of that charge. No 24 hours.


As far as the drive contrary to restrictions goes 25 (15), check this out to see if you are also guilty..

http://www.bclaws.ca/civix/document/..._2009#section3

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Old 01-03-2015, 01:11 PM   #10
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for the 100th time.. http://www.pssg.gov.bc.ca/osmv/share...le-driving.pdf
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Old 01-03-2015, 01:13 PM   #11
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the ticket under that section for fail to produce DL isn't saying you don't have one.. It is saying you failed to produce it when asked. So no, you cannot go to ICBC the next day... or the police station, or Autoplan, or starbucks.
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Old 01-03-2015, 02:09 PM   #12
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"The electronic device is securely fixed to the vehicle or worn securely on the person’s body, and is within easy reach of the driver’s seat;" - That is allowed according to this link.

I think there's more to your story bicboi
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Old 01-03-2015, 02:14 PM   #13
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i always keep my phone and my wallet in my cup holder while driving. so now i could get a ticket for that?
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Old 01-03-2015, 02:17 PM   #14
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Sorry, I should have noted that it was premitted as long as, "The electronic device is securely fixed to the vehicle or worn securely on the person’s body, and is within easy reach of the driver’s seat;"
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Old 01-03-2015, 02:49 PM   #15
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i always keep my phone and my wallet in my cup holder while driving. so now i could get a ticket for that?
Yes. Apparently so.

I have read what Spidey posted a number of times since this law came into effect, and I am still learning new aspects to this.

The document can be read and construed a number of different ways, everyone seems to understand it differently.

I like how they simplify the shit out of the road side worker law, to make sure that everyone can easily understand it. They take something which was 4 lines long, and make it into two.

Yet this cell phone law is so convoluted they have to publish a separate 5 page PDF along with pictures, and somehow they believe that it is clear enough for all to understand.
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Old 01-03-2015, 03:14 PM   #16
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We had a local cop on the radio talking about the cell phone law just before Christmas.

I emailed in with the above document and challenged the part that requires a phone playing music to be securely mounted to the dash and not sitting loose in the cup holder. He flat out denied that any cop would ticket for that after denying the "securely mounted" part was even part of the legislation.
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Last edited by sebberry; 01-03-2015 at 03:26 PM.
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Old 01-03-2015, 03:16 PM   #17
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i always keep my phone and my wallet in my cup holder while driving. so now i could get a ticket for that?
Only if it's being used for something, like Bluetooth hands-free or playing back music. Apparently it's not a distraction if it's not playing back music, but the second it's playing back music it has to be lag-bolted and welded to the dash.
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Old 01-03-2015, 03:18 PM   #18
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he said if the phone is in the passengers seat, it requires you to look down if you get a message. lol
Interesting... there's nothing that *requires* me to look down when I hear a message come through to the phone.
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Old 01-03-2015, 03:18 PM   #19
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I don't believe we are the only ones who have different interpretations of the law but police officers as well. Depending on the officer and their own interpretation you may or may not get a ticket.

Shit needs to be relooked it.

OP: I have a creeping suspicion that there is more to this story however.
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Old 01-03-2015, 03:27 PM   #20
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We had a local cop on the radio talking about the cell phone law just before Christmas.
Here's the portion of the interview...https://soundcloud.com/terry-moore-c...-moore#t=51:36
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Old 01-03-2015, 05:31 PM   #21
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Quote:
Originally Posted by Knight_KB View Post
i always keep my phone and my wallet in my cup holder while driving. so now i could get a ticket for that?
The law says nothing about where in the car you can or can't keep your phone.

But it does say that you can't hold the phone or look at the screen. By putting it in your cupholder, an officer might be able to say you were looking at the screen even if you weren't. Same thing if it's on your passenger seat.

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.

and...

2 A person who watches the screen of an electronic device uses the device for the purposes of paragraph (d) of the definition of "use" in section 214.1 of the Act.
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Old 01-04-2015, 10:06 AM   #22
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Quote:
Originally Posted by Eff-1 View Post
The law says nothing about where in the car you can or can't keep your phone.

But it does say that you can't hold the phone or look at the screen. By putting it in your cupholder, an officer might be able to say you were looking at the screen even if you weren't. Same thing if it's on your passenger seat.
Good luck to the officer trying to prove in court that you were looking at the screen.
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Old 01-04-2015, 01:25 PM   #23
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Since we're not allowed to look at the screen, does that make it illegal to use our phone as a GPS?

I thought I knew what was legal and what isn't... But this thread is confusing the fuck out of me...

Anyways, here's my set up. Anyone wanna chime in on whether it's legal? Secured by magnet.


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Old 01-04-2015, 01:52 PM   #24
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^ Based on how I read the law, if it was a GPS-only unit, like a Garmin, it's fine. If it's your phone, you risk getting a ticket.
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Old 01-04-2015, 01:55 PM   #25
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Good luck to the officer trying to prove in court that you were looking at the screen.
Yeah but similarly, good luck to the driver trying to prove you weren't.

If an officer is willing to testify you were, and your only defence is saying you weren't, so it's just a he said/she said case, the judge usually sides with the officer and you lose.
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