Q&A - Using Cell Phone GPS While Driving
Q: I want to ask a question about disputing a traffic ticket. I’ve searched through this site and most talk about touching the phone, but in my case I did not touch the phone but simply bent over to correctly read the map direction. Unfortunately I didn’t have a mounting device and the phone was placed near the gear/side break (hence the bending over slightly to the right to see it).
The officer then pulled me over saying he saw me bend over and saw the phone with the maps app on right next to the gear. He wrote me a ticket for MVA 214.2(1) "Use electronic device" and I would like to dispute it on the grounds that I was not “using” it as per the MVA (holding it in the hand, swiping the screen, talking to it, etc.).
He didn't ask for my signature, so the ticket is unsigned by me.
The officer did mention while giving me the ticket to dispute it first, then when we meet at the hearing, show proof that I'd bought a mounting device (which I did) and he'd "reduce the amount." But I'm wondering if there's a way to dispute it altogether, as I've looked it up and read this will cost 4 penalty points as well as another $175 (on top of the $368) for first infractions.
I'm a class 5 driver.
Is this valid?
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Comments
Answer
Probably the best place to start is to review the definition of "electronic device" and "use."
From Section 214.1 of the Motor Vehicle Act:
Currently, the "prescribed class or type" mentioned in (c) above is found in the Use of Electronic Devices While Driving Regulation:
From Section 214.1 of the Motor Vehicle Act:
The "other action" mentioned in (d) above is also found in the Use of Electronic Devices While Driving Regulation:
So, given your description, you were "using" your cell phone which is an "electronic device" according to these definitions.
In general, using an electronic device while driving is prohibited and as you mention is costly in terms of both the ticketed amount and the number of penalty points assigned to a conviction.
However, the use of the GPS function of a cellular phone may be exempted from this prohibition.
You have run afoul of the requirement mentioned in 8(3)(b) because you did not have your cell phone securely affixed to the vehicle. Since you do not have an exemption from the prohibition, the officer has correctly issued you with a ticket for the illegal use of an electronic device while driving.
As an aside here, if you are a driver in the Graduated Licensing Program (GLP) (ie: hold a class 7L or a class 7N licence), you must not use any kind of electronic device while driving.
The officer has two options in the circumstances, write the ticket or not. Obviously, the choice was made here was to write it.
Having done so, the officer has offered to mitigate the impact of the fine shown on the traffic ticket to make buying a mount for your phone more attractive.
I suspect that his intent here is that you would dispute the penalty in person rather than in writing.
You do have the right to dispute the allegation but the offer of reduction might not extend this situation. Since you are in violation, you would need some other ground to have the ticket dismissed, and not having signed it yourself to acknowledge service is not one of them.
Of course, regardless of any adjustments to the fine, you will still receive the penalty points. In order to avoid points you will have to have the ticket dismissed.
Thanks
It's great to have a clear explanation of the pertinate matters, it helps me to understand the rules that are currently in effect.
Thank you for an excellent website!
Recent Case Law
The case of R v Sangret heard in the Supreme Court of BC further defines the definition of "use."