Electronic Device Ticket from BC but I live out of province

I was issued a tickets while driving the other day when I was in BC for work.   I had my cell phone on my lap with my gps going while I was in a rental car. While in bumper to bumper traffic on my way to the airport. I looked down at my phone to see how far away I was from the airport.  That's when the lights came on in my blind spot.

How do I go about fighting this tickets since I do not live in BC?  I have heard that points and tickets from out of province will end up on your driving record. I was in an accident 9 years ago, other wise my record is clean.  I do not want this to go on my record. 

Any tips would be helpful on how to proceed. Thanks in advance.

Relevant questions, maybe.

I think our site host has already provided some solid information and links, etc.

I have heard that points and tickets from out of province will end up on your driving record. I was in an accident 9 years ago, other wise my record is clean.  I do not want this to go on my record. 

My understanding is that your driving record is what it is. Just like mine, and everybody's. Probably won't affect you unless at some point you wish to gain a license in another jurisdiction - be it BC or the UK - so long as your record is otherwise clean; and even then, would be overlooked as it's only one ticket in all that time.

That said, I would also guess that the penalties - both points and consequent fine - will need to be settled, and that it would be in your best interest to do that now.

Questions for our site host: in the event that the OP takes no action on this matter, will the rental car company be faced with a penalty ($$$ presumably) which they would then apply to the renter's credit card?

Also, this now being, I think, a 4 Demerit point ticket, am I right in thinking that $$$ are - or will be - also due to ICBC above and beyond the immediate fine for the infraction?

Is it worth fighting it? I know in Ontario, you can go to court and request that the officer be present, from what I have heard they rarely show up and the charges are dropped.  Is this the case in BC as well?

Also, as an ex-RCMP Traffic Enforcement officer, do you have any thoughts to share on the idea of individuals fighting tickets in court - even though they know they're guilty as charged - on the chance that the cop might not show up?

I had my cell phone on my lap with my gps going while I was in a rental car. While in bumper to bumper traffic on my way to the airport. I looked down at my phone to see how far away I was from the airport.  That's when the lights came on in my blind spot.

This reminds me of Jade, and her recent post.

The thing is, nobody ever got pulled over for looking at their lap. And no driver who is maintaining peripheral awareness fails to notice the vehicles around them - cops in particular!

Relevant Answers, Maybe...

The car rental agency is only involved as the registered owner for red light tickets. They charge those back to the renter.

The Ontario driver will not owe ICBC anything for penalty points, but if conviction information is shared with Ontario, there may be repercussions from Ontario.

I have a lot of thoughts on our system of penalizing misbehaving drivers in general. I'll sum it up by saying that I really don't think that it is very effective and for now at least, leave it at that.

'Looking at their lap' eh?

Thanks for your response.

Meanwhile, I just realized that my previous statement ...

The thing is, nobody ever got pulled over for looking at their lap.

... was probably incorrect, given the wording of Section 214 of the MVA. Unless, of course, you don't have a cellphone in your lap.

 

 

It might be tough to fight

It might be tough to fight this as the rules in Ontario prohibit what you were doing as well.

You will find the exemptions in the Display Screens and Hand-Held Devices regulation to the Ontario Highway Traffic Act:

Requirement that display screens be secure

8.  The exemptions in sections 2, 3, 4, 5, 6 and 7 apply only if the display screen of the computer, mobile data terminal or other device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion.

There is a large amount of information on the subject of ticket disputes in this forum and I will leave you to browse it.

Should rental car companies

Should rental car companies not provide that sort of thing then?

I was unaware of this rule.  It is nearly impossible to know all the rules of the road and all their subsections.

Is it worth fighting it? I know in Ontario, you can go to court and request that the officer be present, from what I have heard they rarely show up and the charges are dropped.  Is this the case in BC as well?

Your Responsibility

No, I don't think it would be up to the car rental company to supply you with a cell phone holder. Given that you need one at home and they are not part of the car, the most reliable solution is to bring yours with you.

You could always ask the car rental company to supply one and see what happens though.

I agree, it is difficult to keep up with the rules, but you have to make an effort. I think that we have been well exposed to the concept of distracted driving via all major news sources and you cannot just say hey, I'll keep doing what I'm doing until someone tells me differently, which is what happened here. Unfortunately, it was an expensive lesson.

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