Electronic Devices and Novice Drivers

Drivers in the Graduated Licensing Program (GLP) are forbidden to use electronic devices while driving. Mira McEachern was a 17 year old novice driver on September 17, 2016 when she was issued a traffic ticket for violating this rule. She was convicted of that offence (records do not indicate if it was because she paid the fine or was not successful in a traffic court dispute).

Driving Prohibition for Use of Electronic Devices

Shortly after the conviction RoadSafetyBC notified her of a pending prohibition of 3 months due only to that conviction.

Counsel made a written submission on her behalf citing the following:

• that she required the use of her car to work and would not be able to work if prohibited from driving;
• that if unable to work, she would be unable to attend school the following September;
• that there was no public transportation system near her home;
• that she required the use of her car to attend to the needs of her horse;
• that the circumstances of the offence were that a passenger in her car had placed their cellphone on the dash of her car;
• that she took responsibility for the conviction and was “truly sorry for not enforcing the rules for her passengers”; and
• that since the infraction, she has kept her cellphone in her purse in the back seat of her vehicle.

The prohibition was reduced to two months duration.

Judicial Review of the 2 Month Prohibition

Ms. McEachern requested that RoadSafetyBC review the decision and the two month prohibition was confirmed. She followed up by having that decision reviewed by the courts.

Mr. Justice Giaschi decided that the driving record must show a pattern of conduct to justify a prohibition. This single conviction did not do that, so he allowed the appeal and ordered the Superintendent to terminate the prohibition.

Appeal of Judicial Review Decision

This decision was appealed by the Superintendent. Three justices from the court of appeal upheld the Superintendent's prohibition. While it was harsh, it was not unreasonable.

Learn More

• Read the Reasons for Judgment - R v McEachern
• Read the Court of Appeal Decison - R v McEachern
• Driver Improvement Program Prohibitions

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