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

Butter and sourdough bread is shown at a house in Vernon, B.C. on Wednesday, February 24, 2021. A Quebec dairy farmers’ group is calling on milk producers to stop feeding palm oil or its derivatives to livestock as controversy churns over how these supplements affect the consistency of butter. (THE CANADIAN PRESS - Jesse Johnston)
Poll: Care to spread your feelings on butter?

Reports of hard butter have rattled the Canadian dairy industry

A dose of COVID-19 vaccine is prepared at a vaccination clinic in Montreal’s Olympic Stadium on Tuesday, Feb. 23, 2021. THE CANADIAN PRESS/Paul Chiasson
39 new cases of COVID-19 in Interior Health region

The total number of cases in the region since the pandemic began is now at 7,334

Princeton has seen a 22 per cent drop in drug overdose fatalities in 2020. (File photo)
While B.C. overdose deaths soar, Princeton made a recovery in 2020

Between 2018 and 2020, eight Princeton residents died of suspected overdose.

Send your letter to the editor via email to news@summerlandreview.com. Please included your first and last name, address, and phone number.
LETTER: Options available for medical care

Telephone and online methods allow people to contact doctors

Youth from Vernon, Kelowna, Penticton and the Kootenays were able to dig into two evenings of online learning and connection through United Way Southern Interior B.C.’s <CODE>anagan program. (Submitted)<code> </code>
CODEanagan gives youth a chance to learn about technology

The youth, aged 12 to 21, built their own WordPress sites and developed blogging ideas

Abbotsford’s Kris Collins turned to TikTok out of boredom when the provincial COVID-19 lockdown began in March 2020. She now has over 23 million followers on the video app. Photo: Submitted
Internet famous: Abbotsford’s Kris Collins is a TikTok comedy queen

Collins has found surprise stardom alone with a phone

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

Approximate location of the vehicle incident. (Google Maps)
Vehicle incident blocking Coquihalla traffic in both directions

Both directions of traffic stopped due to vehicle incident

(HelloKelowna - Twitter)
West Kelowna billboard bearing anti-vaccine messaging deemed misleading

Ad Standards investigated the billboard, noting a lack of evidence to support the messaging

Send your letter to the editor via email to news@summerlandreview.com. Please included your first and last name, address, and phone number.
LETTER: Summerland affordable housing proposal opposed

“For a building that will change the dynamic of a small town, I would have expected more discussion.”

Baldy Mountain Resort is temporarily closed following the death of a resort family member. Pictured above is a sunrise at the resort, Feb. 19, 2021. (Baldy Mountain Resort/Facebook)
Baldy Mountain ski hill closed following death of resort family member

Authorities currently investigating, resort set to reopen Sunday, Feb. 27

RCMP. (Phil McLachlan/Capital News)
Chase RCMP arrest intoxicated man running into highway traffic

The man was wanted on several warrents in Alberta; was held overnight but released

Nanaimo children’s author and illustrator Lindsay Ford’s latest book is ‘Science Girl.’ (Photo courtesy Lindsay Ford)
B.C. children’s writer encourages girls to pursue the sciences in new book

Lindsay Ford is holding a virtual launch for latest book, ‘Science Girl’

Pig races at the 145th annual Chilliwack Fair on Aug. 12, 2017. Monday, March 1, 2021 is Pig Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Feb. 28 to March 6

Pig Day, Canadian Bacon Day and Grammar Day are all coming up this week

Most Read