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

“We have to make a call out to address this now so our people don’t have to feel fearful,” said Tribal Chief Mina Holmes. (Carrier Sekani Tribal Council Facebook photo)
Carrier Sekani Tribal Council seeks Indigenous-led task force in northern B.C. hospitals

Request made in an open letter to federal minister Carolyn Bennett

NDP headquarters on election night, Oct. 24, 2020. (Katya Slepian/Black Press Media)
ELECTION 2020: Live blog from B.C. party headquarters

BC NDP projected to win majority government – but celebrations will look different this election

Jennifer Rice BC NDP North Coast Incumbent was re-elected for a third according to the preliminary results on election night, Oct. 24, 2020. (Photo: K-J Millar/The Northern View)
Jennifer Rice is North Coast MLA for third term

Preliminary election results show NDP Majority government

B.C. Green Party leader Sonia Furstenau outlines her party's climate action platform at Nanaimo's Vancouver Island Conference Centre earlier this month. (News Bulletin file photo)
Green leader Furstenau declared victor in her home riding on Vancouver Island

Cowichan Valley voters elect freshly minted party leader for her second term

John Horgan has been re-elected the MLA for Langford-Juan de Fuca. (File-Black Press)
Horgan trounces challengers to be re-elected in his Vancouver Island riding

MLA has represented constituency of Langford-Juan de Fuca and its predecessors since 2005

Provincial health officer Dr. Bonnie Henry arrives for briefing on the COVID-19 situation, B.C. legislature, Oct. 26, 2020 (B.C. government)
B.C. records 217 more COVID-19 cases, mask use urged

Infection spike continues, 21 senior facilities affected

A raccoon paid a visit to a Toronto Tim Hortons on Oct. 22, 2020. (shecallsmedrew/Twitter)
Who are you calling a trash panda? Raccoon takes a shift at Toronto Tim Hortons

Tim Hortons said animal control was called as soon they saw the surprise visitor

The duffel bags were found to contain 84 pounds of cocaine, valued at approximately $1.2 million and 198 pounds of methamphetamine, valued at approximately $960,000. Photo courtesy U.S. Customs and Border Protection.
2 men accused of fleeing border agents near U.S.-B.C. border with $2M in drugs

Cocaine and methamphetamine seized by U.S. law enforcement in remote Idaho area near Canadian border

Pixabay photo
‘Horrific’ abuse of volunteers, staff by parents must stop: Chilliwack soccer club

Parents have become abusive after being told COVID-19 rules, email says

FILE – The Queen of Alberni ferry leaves the Tsawwassen Ferry Terminal in Delta bound for Vancouver Island, Sunday, July 29, 2007. (CP PHOTO/Richard Lam) CANADA
Mechanical failure leaves nearly 200 passengers stranded on BC Ferries ship for hours

A tug arrived after dark to safely nudge the vessel into a berth so travellers could finally disembark

Ridge Meadows RCMP (Black Press)
Maple Ridge X-ray tech convicted of sexual assault dating back 30 years

Allen James Brooks is expected to be sentenced in January 2021

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

BC Liberal Leader Andrew Wilkinson leaves the stage after announcing he is stepping down as party leader, during a news conference in Burnaby, B.C., on Monday, October 26, 2020. THE CANADIAN PRESS/Darryl Dyck
Too rural, not enough diversity, soul searching needed, say BC Liberals

Elections BC says there are about 600,000 mail-in and absentee ballots across the province still to count

Prime Minister Justin Trudeau makes his way to provide an update on the COVID pandemic in Ottawa on Tuesday, Oct. 27, 2020. Canada has reached a grim milestone in the COVID-19 pandemic, surpassing 10,000 novel coronavirus deaths. THE CANADIAN PRESS/Sean Kilpatrick
Alberta COVID deaths pushes Canada past milestone of 10,000 deaths

Canada crossed the threshold of 5,000 deaths on May 12, a little over two months after the first was reported

Most Read