driving law

A video, presented by a member of the ICBC Road Saftey department, claims that having your phone loose on the seat beside you is illegal, but Vancouver lawyer Kyla Lee says this is not an accurate representation of what the province’s cellphone usage while driving law states.

“ICBC has, since the law was brought in, taken the position that the law prohibits more than it actually does,” she states.

Read more: Kyla Lee in Vancouver is Awesome: Vancouver lawyer calls out ICBC for sharing misinformation about distracted driving

Because of this inaccurate information, numerous tickets have been issued by law enforcement officers for drivers who have their cellphone loose in the vehicle. Lee herself challenged the decision and it went to the BC Supreme Court in 2019.

In the case of R. v Partridge, 2019 BCSC 360 (CanLII), the Crown reportedly conceded that it is indeed lawful to have your phone in the cupholder or on the seat next to you so long as you are not using it.

“We asked for a reported judgment to try to make the law clear as a bell. To my dismay, the misinformation about what is and is not legal with a cell phone continues.”

Kyla Lee on Vancouver Is Awesome

Lee concedes that the distracted driving law may not be clear, but she believes that spreading inaccurate information by ICBC and government agencies is making the lack of clarity worse. Lee also asserts that this misinformation leads to confusion among the public and police officers, resulting in more improper tickets being issued. She has publicly criticized ICBC through social media for their actions.

Read the full article here