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

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

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s first case

Today marks the one year anniversary of COVID-19 landing in Canada

The location of the proposed Telus cell tower is at the red pin. (Google Maps)
Telus proposes Wells cell tower

The project is available for public comment until March 1

Joyce Cooper (left) said she had to set an example for Tsilhqot’in communities by sharing her COVID-19 positive results. (Photo submitted)
Tsideldel off-reserve member documents experience of COVID-19

We should all be supporting one another and not judging each other, says Joyce Cooper

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

A registered nurse prepares a dose of the Moderna COVID-19 vaccine in Halifax on Monday, Jan. 11, 2021. Yukon’s Minister of Community Services, John Streiker, says he’s outraged that a couple from outside the territory travelled to a remote community this week and received doses of COVID-19 vaccine. THE CANADIAN PRESS/Andrew Vaughan-POOL
Couple charged after travelling to Yukon to get COVID-19 vaccine

The maximum fine under the emergency measures act is $500, and up to six months in jail

Metis Nation of B.C. President Clara Morin Dal Col poses in this undated handout photo. The Metis Nation of B.C. says Dal Col has been suspended from her role as president. The Metis Nation of B.C. says Dal Col has been suspended from her role as president. THE CANADIAN PRESS/HO, Metis Nation of B.C. *MANDATORY CREDIT*
Metis Nation of B.C. suspends president, citing ‘breach’ of policies, procedures

Vice-president Lissa Smith is stepping in to fill the position on an acting basis

Prime Minister Justin Trudeau speaks in the in the House of Commons on Parliament Hill in Ottawa on Thursday, Dec. 3, 2020. THE CANADIAN PRESS/Justin Tang
Payette shouldn’t get same benefits as other ex-governors general: O’Toole

Former governors general are entitled to a pension and also get a regular income paid to them for the rest of their lives

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

From the left: Midway RCMP Csts. Jonathan Stermscheg and Chris Hansen, Public Servant Leanne Mclaren and Cpl. Phil Peters. Pictured in the front are Mclaren’s dog, Lincoln and Peters’ dog, Angel. Photo courtesy of BC RCMP
B.C. Mounties commended for bringing firewood to elderly woman

Cpl. Phil Peters said he and detachment members acted after the woman’s husband went to hospital

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

Most Read