25 replies to this topic

[VicHockeyFan]

I was out for a bike ride this morning, and my phone rang. Am I allowed to pick it up as I ride along?

[G-Man]

The Motor Vehicle Act states that a person on a cycle has all of the rights and duties of a person operating a motor vehicle.

[VicHockeyFan]

The Motor Vehicle Act states that a person on a cycle has all of the rights and duties of a person operating a motor vehicle.

Does it? I mean, for rules of the road it does, but I don't have to wear a seatbelt on my bike, or a helmet in my car (although if everyone wore a helmet while driving a car it would save many more lives than the bike helmet law does). Cars can pass me using the same lane if I'm on a bike, they can't if I'm in a car, or on a motor scooter or motorcycle. I read the specific legislation, it says "motor vehicle" all throuhgout it, but that doesn't mean that somewhere at the beginning of the entire act it doesn't say that in effect every time they refer to a motor vehicle, they also mean bicycle.

[sebberry]

http://www.leg.bc.ca...ead/gov15-3.htm

BILL 15 — 2009
MOTOR VEHICLE AMENDMENT ACT, 2009
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 25 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(a) by adding the following subsection:

(10. 11) Without limiting subsection (10) or (10.1), the Lieutenant Governor in Council may, by regulation,

(a) impose a restriction or condition on a class of driver's licence, or on the driver's licences of persons who hold a licence to drive a motor vehicle of a specified category, that the holder of the licence must not use an electronic device within the meaning of Part 3.1 while driving or operating a motor vehicle on a highway, and

(b) set out exceptions to a restriction or condition referred to in paragraph (a) that are not inconsistent with Part 3.1. , and

(b) by repealing subsection (10.2) and substituting the following:

(10.2) A restriction or condition imposed by a regulation under subsection (10.1) or (10.11) is applicable to and conclusively deemed to be part of the driver's licence of the person on whom the restriction or condition is imposed, whether the licence is issued before or after the coming into force of the regulation.

2 Section 209 (3) is repealed.

3 The following Part is added:

Part 3.1 — Use of Electronic Devices while Driving

Definitions
214.1 In this Part:

"electronic device" means

(a) a hand-held cellular telephone or another hand-held electronic device that includes a telephone function,

(b) a hand-held electronic device that is capable of transmitting or receiving electronic mail or other text-based messages, or

© a prescribed class or type of electronic device;

"use", in relation to an electronic device, means one or more of the following actions:

(a) holding the device in a position in which it may be used;

(b) operating one or more of the device's functions;

© communicating orally by means of the device with another person or another device;

(d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.

Prohibition against use of electronic device while driving
214.2 (1) A person must not use an electronic device while driving or operating a motor vehicle on a highway.

(2) Without limiting subsection (1), a person must not communicate by means of an electronic device with another person or another device by electronic mail or other text-based message.

Exceptions to prohibition — emergency personnel
214.3 Section 214.2 does not apply to the following persons who use an electronic device while carrying out their powers, duties or functions:

(a) a peace officer;

(b) a person driving or operating an ambulance as defined in the Emergency and Health Services Act;

© fire services personnel as defined in the Fire Services Act.

Exceptions to prohibition — certain permitted activities
214.4 Section 214.2 does not apply to a person who uses an electronic device

(a) while operating a motor vehicle that is safely parked off the roadway or lawfully parked on the roadway and is not impeding traffic,

(b) to call or send a message to a police force, fire department or ambulance service about an emergency, or

© that is configured and equipped to allow hands-free use in a telephone function, is used in a hands-free manner and is used in accordance with the regulations, if any.

Exceptions to prohibition — by regulation
214.5 Section 214.2 does not apply to

(a) a prescribed class of persons who, while carrying out their powers, duties or functions and driving or operating a motor vehicle or a prescribed class of motor vehicle, use an electronic device or a prescribed class or type of electronic device,

(b) a person who uses an electronic device while engaged in a prescribed activity or in circumstances or under conditions set out in the regulations, or

© a person who uses a prescribed class or type of electronic device.

Power to make regulations
214.6 The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing classes or types of electronic devices for the purposes of paragraph © of the definition of "electronic device" in section 214.1;

(b) setting out actions for the purposes of paragraph (d) of the definition of "use" in section 214.1;

© for the purposes of section 214.4 ©, setting out the manner in which, or the extent to which, a hands-free electronic device may be used in a telephone function;

(d) for the purposes of section 214.5;

(e) regulating the installation or mounting of classes or types of electronic devices in motor vehicles;

(f) exempting or excluding, with or without conditions, classes or types of electronic devices, classes of persons or classes of vehicles or classes of persons while driving or operating a motor vehicle or class of motor vehicle from the operation of a provision of this Part.

Commencement
4 This Act comes into force by regulation of the Lieutenant Governor in Council.

[VicHockeyFan]

^ Like I said, it says "motor vehicle" throughout, but that doesn't mean it doesn't apply to bicycles by some notation at the beginning of the entire act.

I see cops get an exemption, and also you get one if you are reporting a crime (ie. following a suspected drunk driver).

[sebberry]

I don't understand why it is illegal to place a call quickly while you are waiting at a red light.

Funny tho, I have seen many people still using their phones, texting while driving since this law was enacted. Also observe more than normal numbers of people eating while driving and stopping at the side of the road where illegal/unsafe to yap on the phone.

Funny tho, this law permits the driver to engage in the same action which causes the cognitive distraction on which this law is based - conversing with someone outside of the car via bluetooth or hands-free devices.

[Mike K.]

Cognitive distraction is a part of driving, so I don't see how a handsfree device causes any more problems then talking to someone sitting in the passenger seat. It's the fumbling around with a phone that causes accidents when eyes are diverted off the road.

[sebberry]

Cognitive distraction is a part of driving, so I don't see how a handsfree device causes any more problems then talking to someone sitting in the passenger seat. It's the fumbling around with a phone that causes accidents when eyes are diverted off the road.

But when you have a passenger in the car you have an extra set of eyes to mitigate some of that distraction.

While I myself am a good multitasker, I cannot have a conversation with a passenger while driving as fluently as if I wasn't driving. I regularly take my mind off the conversation to focus more on the driving.

[VicHockeyFan]

ICBC responds:

Dear (VicHockeyFan),

Thank you for your email of January 22, 2010. No this ban does not apply to bicycle riders.

If you have further questions about driver licensing, please feel free to call ICBC Customer Contact at 1-800-950-1498. A representative is available to assist you by telephone between 8:00 a.m. and 7:00 p.m. Pacific Time Monday through Friday, and from 9:00 a.m. to 5:00 p.m. on Saturdays.

Thank you for taking the time to contact us.

Yours sincerely,

Jannelle

[G-Man]

^ Guess it makes sense as the bike couriers would have been pissed.

[sebberry]

Yet another way this is a poorly implemented law. Thanks for checking with ICBC for us

[http]

^ Guess it makes sense as the bike couriers would have been pissed.

Long experience as an bike courier showed me that the provincial government doesn't give a rats ass about what couriers think.

[manuel]

Just ask yellow cab #16 (or what remains of it) about cell-phones and driving (second hand, from another yellow cab driver)

[Holden West]

It can be easily determined if a cell phone was in use at the time of a crash. Will insurance companies refuse full payouts if the policyholder was violating the law?

[sebberry]

It can be easily determined if a cell phone was in use at the time of a crash. Will insurance companies refuse full payouts if the policyholder was violating the law?

Virtually all collisions are a result of a violation of one law or another yet people can still make claims against their insurance.

[http]

It can be easily determined if a cell phone was in use at the time of a crash. Will insurance companies refuse full payouts if the policyholder was violating the law?

Um, how? While it may be ridiculously easy to tell exactly when a cell phone was making or receiving a call*, try proving to within 1 minute when an accident occurred.

"Yeah, I answered Jerry's call, what's wrong with that? I wasn't driving after the accident happened" would raise reasonable doubt in my mind.


* I can't imagine any cell phone provider not running a stratum 2 Network Time Protocol server, typically accurate to within microseconds. Then again, I also can't see them making any mistakes in billing their customers, either.

[Mike K.]

That, and prove the driver was the one talking on the phone. It wouldn't hold up.

What ICBC does want is a witness to state the driver was on the phone. In fact, when I was involved in a small accident last summer in Vancouver, ICBC asked me if I or anyone else in my vehicle saw the driver "texting." I said I wasn't paying attention to what the driver was doing at the time and neither was my girlfriend, but the question caught me completely off guard.

[http]

http://www.ibtimes.c...ffect-study.htm

Comparing insurance claims for crash damage in 4 US jurisdictions before and after such bans, The Highway Loss Data Institute (HLDI) researchers find claim rates are comparable with nearby jurisdictions without such bans.<BR>
"Whatever the reason, the key finding is that crashes aren't going down where hand-held phone use has been banned," Lund said.

I love the smell of ideology in the morning.

[Nativeboyeyup]

I'm glad they have something on the books now, I have had numerous problems with people and their toys.. a lot of tailgaters, people at lights that change lanes and cut you off..(gotta be first) people at lights that are actually texting after the light turns green, I even saw one person on their laptop..and he hit a parked car..some people just don't learn.

Me I have onstar..push a button and that's it - all voice commands after that..nice stuff.

[gumgum]

I witnessed an A-channel employee driving a company SUV while talking on a cell phone on Friday.