Kyla Lee on City News: ICBC called out for distracted driving video

Despite it being Distracted Driving Awareness Month in British Columbia, the public auto insurer’s attempts to spread safety messaging are receiving more criticism than being effective in educating the public.

Although ICBC has attempted to clarify their intention, they posted a tweet on Monday instructing viewers to “Watch this if you’re unsure about where you can and can’t put your phone while you’re driving.”

Read more: Kyla Lee on City News: ICBC called out for distracted driving video

A member of the ICBC road safety team explains where you are allowed to and not allowed to keep your cellphone in the car

“You probably know that when you’re driving it’s against the law to have your phone in your hand, in your lap, or even on the seat beside you,” Harvey Kooner says in the footage.

However, it’s the last detail that has many calling the insurer out. It’s in fact, totally legal for you to have your phone on the seat next to you — provided you are not using it.

“ICBC is currently running an ad on Twitter that actually misstates the law. I would know because I took the case to B.C. Supreme Court to get a ruling from the court specifically to indicate that it is lawful to have your phone sitting loose in your cupholder, loose in the car, on the passenger seat, so long as you’re not touching it or doing anything that’s defined as use within the Motor Vehicle Act”

Kyla Lee on City News

Kyla Lee, a criminal lawyer in Vancouver, was among those to call ICBC out, urging the insurer to “stop spreading misinformation.”

“R. v. Partridge 2019 BCSC 360 clearly says it’s totally lawful to have it on the seat beside you,” she wrote in a tweet.

Lee explains the prohibition in the Motor Vehicle Act involves “actively using” your phone “and is connected to actions involving the phone.”

Read the full article here.

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