One of the ways a driver can legally use their phone while driving is for playing music. There are however, specific rules that should be adhered to in order to comply with the law while driving and listening to your favourite artist or podcast.
Under section 10 of the Use Of Electronic Devices While Driving Regulation. A phone can be used to play audio while driving if the following is adhered to:
(a) the device
(i) is not held in the person’s hand, and
(ii) is securely fixed to the motor vehicle or worn securely on the person’s body in a manner that does not obstruct the person’s view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle, and
(b) the sound is emitted through the speakers of the sound system of the motor vehicle.
The rules appear straightforward, the phone cannot be in the driver’s hand, it must be secure, and the sound has to come through the speakers of the vehicle.
One of the most common questions from these rules is in regards to the requirement for the phone to be secure. Many drivers will choose to plug in their phone and play music through Apple CarPlay or Android Auto and they will leave their phone in or around the cup holder or gear shift of their vehicle. The question is then if a phone is loose in a cup holder, can it be said to be “secure” and in compliance with the law while music is playing?
This question was before the BC Supreme Court in the case of R v. Bleau. In Bleau, the driver had placed their phone loosely in their cupholder and was listening to a podcast through their vehicle speaker via Bluetooth. The driver otherwise did not touch or interact with the phone while driving. In Bleau, the Court concluded that passively listening to an audio broadcast by a phone is not actively using the device and as such does not violate the legislation.
It is important to remember that once there is an active use, such as changing a song, then it is likely to be in violation of the law and drivers should always be careful even when using their phones while driving hands free to avoid anything that can be considered use under the law.
