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Cell phones and driver distractions
- What does B.C.'s ban on driver use of phones and other devices include? As of Jan. 1, 2010, B.C.’s new law will make it illegal for drivers to use hand-held cellphones and other portable electronic devices. Among the prohibitions:
- No operating, viewing or holding hand-held cellphones or other electronic devices
- No sending or reading emails and/or texting (e.g., BlackBerry, PDA, cell phone)
- No operating or holding hand-held music or portable gaming devices (e.g., MP3 players, iPods)
- No manual programming or adjusting GPS systems, whether built into the vehicle or not, while driving. Settings must be programmed before driving
- No viewing of a television screen
In addition to the above restrictions, new drivers enrolled in the Graduated Licensing Program are prohibited from using hands-free communications devices while driving, including cellphones.
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- Can I still use my hand-held phone while driving if I put it on speaker-phone? You may use an electronic device in a hands-free telephone function while driving if:
- The electronic device, as well as any part or extension of it, is not held or operated by the hand; and
- It is voice-activated or requires only one touch in order to initiate, accept or end a call; and
- If the device includes an earpiece, that earpiece can be worn in one ear only and must be placed on the ear prior to driving*; and
- 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; and
- The device must be installed in a manner that does not obstruct the driver's view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.
As well, manual dialling is prohibited and is treated as texting.
Two-way radios that operate on a set frequency (principally used for commercial purposes and by federally licensed amateur radio operators) and mobile data terminals are not included in the scope of the electronic device prohibitions, and can be used by any licensed driver.
Hand-held devices can be used to call 9-1-1 in the event of an emergency, or if the driver has pulled over and is out of the flow of traffic.
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- What about police and other first responders? Are they exempt? Police, fire and ambulance personnel who may need to make calls in the performance of their duties are exempted.
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- What happens if a driver is caught violating the law? Any violation of the law will result in a $167 fine. If a driver is caught manually dialling, texting or emailing, three demerit points will also be added to their record. Drivers in the GLP will be fined $167 and receive three demerit points.
Offences that include penalty points can lead to a driving prohibition. If a prohibition is handed down to a driver in the Novice stage, the 24-month Novice period starts again once the prohibition is complete and the driver’s licence is re-instated.
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- Why is the law so tough on GLP drivers? Generally speaking, the conditions placed on Learner and Novice drivers are more restrictive than for experienced drivers. This reflects the fact they are often at more risk of crashing because they are new to driving. They need to be more fully focussed on the road and other road users.
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- Why is the fine on this offence higher than fines handed down for non-compliance of other GLP driving restrictions ($167 vs. $109)? We wanted to make the fine consistent across driver groups.
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- How does the fine and law compare to other provinces? This law brings us in line with other provinces in Canada that have similar fine amounts. In fact, B.C.'s fine of $167 is slightly higher than most other provinces with similar cellphone laws. As well, the penalties will be higher for those caught texting as it is more dangerous than talking on a phone, which is why those drivers will receive three penalty points in addition to the fine.
Police have additional tools to target distracted driving ? like driving without due care and attention laws, which can carry a maximum fine of $2,000, and/or up to six months in jail ? or a more serious charge of criminal negligence.
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- The research shows that all cellular phone use ? hand held or hands-free ? can be a contributing factor in crashes. Why not implement a more complete ban? These changes bring British Columbia in line with other provinces that have similar distracted driving legislation. In addition, Transportation Canada has approved the use of built-in hands-free phones, GPS and driver assist technology for new cars. The provincial government will be monitoring the effectiveness of this hand-held legislation and make changes if needed.
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- Can I use my hand-held device if I'm stopped at a stoplight? No. With the exception of a call to the police, fire department or emergency medical services, a driver of a motor vehicle must be lawfully parked or pulled off the roadway and not impeding traffic to use hand-held devices.
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- How is talking on a phone a bigger distraction than talking to a passenger? Extensive research in this area tells us that drivers talking on a cellphone ignore about 50% of what's going on around them, visually. A conversation that takes place in a vehicle is less distracting because the driver and passenger are in a shared environment and the passenger is able to make adjustments to speech, tone and conversation depending on what is going on around them.
That said, drivers should pull over to do anything that may distract their attention as there is no excuse for not paying attention. That's why ICBC will be launching an education campaign to raise awareness about the importance of focussing on the road.
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- How will this new law benefit British Columbians? The goal of the new law is to make our roads safer for all road users. When you are behind the wheel, anything that competes with your attention will impair your driving ability and increase your risk of being in a collision. Studies show that drivers who use cellphones are four times more likely to get into a collision.
It's important to note that ALL drivers who endanger others because of any distraction, including the use of hand-held and hands-free devices, could face charges of careless driving under the Motor Vehicle Act or even a charge of dangerous driving of a motor vehicle under the Canadian Criminal Code; both charges carry heavy fines and penalties, including demerit points in the case of careless driving.
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- How strictly will this be enforced? Do police have the resources needed? ICBC funds enhanced integrated road safety units that are dedicated to enforcing all traffic rules of the road. This is in addition to normal traffic policing units in RCMP detachments and Municipal forces around BC. On top of this, 100 per cent of Traffic Fine Revenue is given back to communities to help pay for policing. At the end of the day, this will be a law like any other law. People will be required to abide by it, and police will enforce it.
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- Do you have plans to expand the cellphone ban to include other road users, such as cyclists and pedestrians? No. There are no plans to expand the hand-held devices ban to include other road users at this time.
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- Will police confiscate the wireless devices from drivers who are caught breaking the law? No.
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- What does public education period mean? BC's ban on hand-held devices while driving will take effect January 1, 2010. Over the month of January, the new law will be supported by a public awareness campaign to inform the public about the new rules. Police will start issuing tickets beginning February 1, 2010.
Even during this period, drivers who endanger others because of any distraction, including hand-held and hands-free devices, are subject to various provincial and federal dangerous driving offences.
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- Why are you singling out hand-held cellphones and other portable electronic devices as distractions that you want to ban? There are many other distractions. Extensive research shows that the use of cellphones and other portable electronic devices by drivers is a common in-vehicle distraction that significantly increases the risk of crashes and injuries.
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- Will getting a ticket affect my insurance premium? The Driver Penalty Point Premium starts at four points (within a 12 month period). The cost for four points is $175, so a driver with only three points would not be impacted when they renew their insurance unless they receive additional demerit points for other offences.
Please note that the Driver Penalty Point Premium is being replaced by the Driver Risk Premium. The Driver Risk Premium is intended to ensure higher-risk drivers are paying more to reflect the risk they represent on our roads.
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- How much money will this new fine generate? It's been estimated that between 5,000 and 10,000 violation tickets will be issued annually. This is a relatively broad range, as there is not a reliable method to estimate such numbers at this time.
The revenue collected will go back to municipalities to support policing and other enforcement programs, which is the current practice for all traffic fine revenue.
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- How does BC's electronic device usage rules compare to other Canadian jurisdictions (scope, penalties)? Six other provinces (MB, ON, QB, NS, PE, NL) have bans to some degree and fine amounts vary from $50 to $1000. Alberta has announced its intention to pass driver distraction legislation this fall. Nations across Europe and Asia also prohibit drivers from using hand-held cellphones while driving.
View the electronic device usage rules for other Canadian jurisdictions.
*Note - in Ontario, new legislation, unless otherwise specified, falls to the general penalty of between $60 and $500. The Chief Justice in Ontario then sets the fine amount for a particular offence.
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