Using an electronic device while driving in B.C. can net you a $368 fine. (Pixabay photo)

B.C. judge tosses ‘N’ driver’s claim he was just using phone to decline his mom’s call

Distracted driving laws are more strict for Class 7, or Novice drivers, the judge noted

A young driver has been ordered to pay a distracted driving ticket after failing to argue to a B.C. judge that he was only using his phone to ignore a call from his mother.

According to the decision made in provincial court in Port Coquitlam Tuesday, Hao Bin Tang was driving on Barnet Highway in Port Moody in January when he was pulled over for speeding by a police officer who was using a radar detector curb-side.

The officer, who is not named in the court documents, told the judge that he approached the passenger side of the vehicle within seconds of the stop and saw Tang in the driver’s seat holding his lit-up cellphone in both hands with his head down.

He asked for Tang’s license and discovered he was a Class 7 or “Novice” driver, which meant he was under an electronic device restriction, the court heard. The officer issued Tang a $368 ticket for using an electronic device.

But Tang, who was born in 2000, told the judge he wasn’t using his phone while the vehicle was in motion.

“As a very educated and sane person I would definitely not have taken out my cell phone unless it was parked,” Tang said. “My mother was calling me.”

ALSO READ: Eating cereal, trimming nose hairs – it’s all illegal while driving

In order to turn off the call, Tang said, he pulled his car over and shut off the call, before returning it back to “the secure location” that it was in.

Justice Shusheela Joseph-Tiwary, who noted that Tang was “somewhat guarded on the stand,” wasn’t buying it.

Exactly how far cellphone restriction laws can go when it comes to penalizing distracted drivers have been put to the test several times over the last year. In March, a B.C. Supreme Court judge ruled that the mere presence of a cell phone within sight of a driver is not enough for a conviction.

Vancouver police cancelled a distracted driving ticket against a Lower Mainland senior after her son took to social media to show his mom’s phone was sitting in her cupholder when the officer gave her the fine.

READ MORE: Police cancel $368 ticket given to B.C. senior for having cellphone in cupholder

But in this incident, given his Class 7 driving status, Tang wasn’t allowed to use a phone while driving – even if it were to be used hands free, Joseph-Tiwary said, noting that modern cellphones give plenty of options to be alerted to messages without directly looking at the phone screen.

“Mr. Tang had the ability to not only receive calls and messages on his active phone, but to also monitor activity to determine who was calling as he drove on the highway prior to his coming to a stop,” Joseph-Tiwary continued. “Simply leaving the phone turned on within the vehicle, say, in the console area is sufficient to facilitate access to the information on the phone.”

Joseph-Tiwary added that she isn’t suggesting “N” drivers are prohibited from physically having a cell phone in their car all together and are allowed to use them in a case of emergency or when parked, as laid out in the Motor Vehicle Act regulations. However, “incoming calls and information on the device operating within the vehicle poses a source of distraction.”

Tang was ordered to pay the fine.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Jacob Koomen takes his bike out for a spin near his home in Campbell River. Photo by Marc Kitteringham, Campbell River Mirror
Campbell Riverite to cycle length of Island to raise funds to cancer research

Long distance rides are no big deal for 73-year-old cyclist

Comox Strathcona Waste Management expects to go to tender this summer for the regional organics compost facility in Campbell River. File photo/Black Press
Comox Strathcona compost site should go to tender this summer

The regional organics facility is on target to open for the fall of 2022

WestJet in flight. Black Press file photo
Two COVID exposures on WestJet flight into Comox

The BC Centre for Disease Control has posted advisories for two separate… Continue reading

Photo by Marc Kitteringham, Campbell River Mirror
Busy day for Campbell River fire crews

Three incidents in rapid succession keep crews on their toes

A bullet hole is seen in the windshield of an RCMP vehicle approximately 4 km from Vancouver International Airport after a one person was killed during a shooting outside the international departures terminal at the airport, in Richmond, B.C., Sunday, May 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Homicide team IDs man in fatal YVR shooting as police grapple with spate of gang violence

Man, 20, charged in separate fatal shooting Burnaby over the weekend

Oak Bay resident Hugh Thompson died Friday, May 7. (GoFundMe photo)
Oak Bay dad dies mountain biking near Shawnigan Lake

Community rallies around family with online fundraiser

The Canadian Forces Snowbirds are in the Comox Valley for their annual spring training. Photo by Erin Haluschak
Suspected bird strike on Snowbirds plane during training in Comox

Pilot followed protocols and landed the aircraft on the ground without any problems

The Village on Third in Nanaimo won the Judges’ Choice award as top overall entry at the Vancouver Island Real Estate Board Commercial Building Awards. (Photo submitted)
Top developments north of the Malahat honoured by Vancouver Island Real Estate Board

Nanaimo’s Village on Third takes top honour at VIREB Commercial Building Awards

BCIT. (Wikimedia Commons)
BCIT apologizes after employee’s ‘offensive and hurtful’ email leaked to Métis Nation

BCIT says employee’s conduct has been investigated and addressed

An adult male yellow-breasted chat is shown in this undatd photograph on lands protected in collaboration between the En’owkin Centre and Penticton Indian Band with support through ECCC. The rescue from near extinction for a little yellow bird hinges on the wild rose in British Columbia’s Okanagan Valley, a researcher says. THE CANADIAN PRESS/HO, A. Michael Bezener/ En’owkin Centre 2020 *MANDATORY CREDIT*
Rare yellow birds need wild roses to survive in British Columbia: researcher

The importance of local wild roses emerged over a nearly 20-year experiment

RCMP officers search around rows of luggage carts as screens block off an area of the sidewalk after a shooting outside the international departures terminal at Vancouver International Airport, in Richmond, B.C., Sunday, May 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Police say gang conflict in Metro Vancouver may be behind shooting death at airport

Police said this generation of gangsters is taking things to new level and have no regard for community safety

RCMP are looking for information on an alleged shooting attempt near an elementary school in Smithers March 10. (Phil McLachlan/Capital News/Stock)
UPDATE: Man killed in brazen daylight shooting at Vancouver airport

Details about the police incident are still unknown

Pieces of nephrite jade are shown at a mine site in northwestern B.C. in July 2019. THE CANADIAN PRESS/HO-Tahltan Central Government MANDATORY CREDIT
Indigenous nation opposes jade mining in northwestern B.C.

B.C.’s Mines Act requires operators to prepare a plan to protect cultural heritage resources

Most Read