Motor Vehicle Law and ICBC Breaches (13:XI)

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Part 3.1 of the MVA outlines offences related to the use of electronic devices while driving. Section 214.1 defines an “electronic device” as (a) a hand-held cellular phone, (b) a hand-held device capable of receiving email or text messages, or (c) any prescribed class or type of electronic device. Prescribed electronic devices are further defined in s 3 of the Use of Electronic Devices While Driving Regulation, BC Reg 308/2009 [EDWDR] as any of the following:

  • a) electronic devices that include a hands-free telephone function;
  • b) global positioning systems;
  • c) hand-held electronic devices, one of the purposes of which is to process or compute data;
  • d) hand-held audio players;
  • e) hand microphones; or
  • f) televisions.

Exceptions for hands-free use of electronic devices are permitted under s 7 of the EDWDR. Further exceptions for persons carrying out special powers, duties, or functions are allowed under s 5.

Use of an electronic device while driving will result in a ticket under s 25(15) of the MVA (driving contrary to a restriction) and result in a fine of $167 pursuant to Schedule 3 of the VTAFR.