The use of cell phones or other handheld electronic devices
while driving has been banned in BC since 2010, but defining what
constitutes "use", especially with the advent of
Bluetooth technology that allows for increased hands-free
capabilities, has created a legal grey area that the courts have
been left to clarify.
A recent Supreme Court decision found an important distinction
between "active" and "passive" cell phone use,
endorsing a common-sense approach to law enforcement that upholds
the intended legislative focus on public safety.
Defining "use"
The word "use" is defined in the legislation to mean
holding a device in a position it can be used, operating a device,
and communicating orally through a device. Several examples fall
clearly under this prohibition, such as holding a cell phone to
your ear on a phone call, scrolling through social media, texting,
or looking up directions: all strictly prohibited while
driving.
