Distracted Driving FYI

[schurchill39]

I figured I would post something a little different here. Instead of complaining about a ticket I received that at the time I thought was unfair, I wanted to share my knowledge with beyond as I know most of us had no idea what the details of this law are and have probably been like me and too lazy to look it up.

In November of last year I was pulled over in Black Diamond for using my cell phone while driving. The officer was nice, I was nice, he issued me a ticket and we both went on our merry ways. At the time I was using Siri on my iphone through blue tooth to send a message to my wife about where I was. I was not looking at the phone and instead had it face down beside me and was only using the phone's home button to activate the voice commands. Although I didn't say anything at the time, I figured this was a BS ticket because I wasn't texting, I wasn't looking at the screen and the phone's screen wasn't visible to me. Prior to this incident that's just what I did if I was driving and needed to communicate.

Well it turns out according to the TSA (section 115.1) you cannot even manipulate a hand held device. So using my hand to activate Siri is technically against the law. I don't agree with it, but hey that's how the law is written and that means I was breaking it so I deserved the ticket.


Cellular telephones, electronic devices, etc.
115.1 (1) Subject to this section and the regulations made under section 115.5, no individual shall drive or operate a vehicle on a highway while at the same time
(a) holding, viewing or manipulating a cellular telephone, radio communication device or other communication device that is capable of receiving or transmitting telephone communication, electronic data, electronic mail or text messages, or
(b) holding, viewing or manipulating a hand-held electronic device or a wireless electronic device.
(2) An individual may drive or operate a vehicle on a highway while using a cellular telephone or radio communication device in hands-free mode.

Coles notes: Holding your phone regardless if you are looking at it or using it is against the law according to the TSA. $287 ticket and 3 demerit lesson learned.

[revelations]

I am seeing more of those phone windshield/dash mounted holders now. I wonder if the popo are more lenient with those as they also used as GPS units.

[Masked Bandit]

How is pushing a button on your hand-held device any different than using that same hand to push a button on the dash of your vehicle?

[A790]

Originally posted by Masked Bandit
How is pushing a button on your hand-held device any different than using that same hand to push a button on the dash of your vehicle?
Easy: one is covered under existing distracted driving legislation, and one isn't covered under the distracted driving legislation yet.

[FraserB]

Originally posted by Masked Bandit
How is pushing a button on your hand-held device any different than using that same hand to push a button on the dash of your vehicle?

I thought that there was an exemption if you only had to push a single button to use the handsfree function?

[revelations]

Originally posted by Masked Bandit
How is pushing a button on your hand-held device any different than using that same hand to push a button on the dash of your vehicle?

By the law, none (manipulating an electronic device) but with the number of people using dash mounted units its not really a good law.

It IS however, another ticket the popo can use to throw at people who are real assholes on the road.

[rage2]

Originally posted by FraserB
I thought that there was an exemption if you only had to push a single button to use the handsfree function?
There is. You can't hold the phone to push said button though, meaning it has to be held by those phone mounts.

http://www.transportation.alberta.ca/distracteddriving.htm


Activities that are not specifically restricted under the law are:
using a cell phone in hands-free mode – the device is not held in the driver’s hand and is activated by voice or a single touch to the device

[schocker]

Originally posted by FraserB
I thought that there was an exemption if you only had to push a single button to use the handsfree function?
It is allowed but for some reason is not in the main tsa

http://www.qp.alberta.ca/documents/Regs/2011_113.pdf

Province of Alberta
TRAFFIC SAFETY ACT
DISTRACTED DRIVING REGULATION


Hands-free mode
1
For the purposes of the Act and this Regulation, “hands-free
mode” means a function on a cellular telephone or a radio
communication device that is enabled
(a) in a voice-activated manner without holding the cellular
telephone or radio communication device or an
attachment to the cellular telephone or radio
communication device in the individual’s hand, or
(b) in a manner that requires only one touch to the cellular
telephone or radio communication device or to an
attachment to the cellular telephone or radio
communication device without holding the cellular
telephone or radio communication device or an
attachment to the cellular telephone or radio
communication device in the individual’s hand
in order to initiate, accept or end a telephone call, or to receive or
transmit electronic data, electronic mail, a text message or a voice
communication.
One touch
2
For the purposes of the Act and this Regulation, “one touch”
means pressing only one button one time on a cellular telephone or
radio communication device or an attachment to the cellular
telephone or radio communication device in order to initiate, accept
or end a single telephone call, or to receive or transmit electronic
data, electronic mail, a text message or a voice communication
without holding the cellular telephone or radio communication
Section 3
AR 113/2011
DISTRACTED DRIVING REGULATION
2
device or an attachment to the cellular telephone or radio
communication device in the individual’s hand.

[TurboMedic]

Originally posted by rage2

There is. You can't hold the phone to push said button though, meaning it has to be held by those phone mounts.

http://www.transportation.alberta.ca/distracteddriving.htm



Which is pretty weak honestly, its more fumbly to play with a mounted phone than it is to use your muscle memory and hold the phone comfortably.....Something I hate about our MDT's, its not that easy to be moving and touching buttons on a screen mounted to the vehicle

[killramos]

siri eyes free ftw

[Mixalot27]

During the Christmas holidays I saw RCMP bust a driver using a telescopic lens for the first time. I was driving the Roger's pass and all of a sudden I see a cop on the shoulder with the telescope. He runs out in front of me but then motions me to keep going and pulls the guy behind me over.

[schurchill39]

Originally posted by rage2

There is. You can't hold the phone to push said button though, meaning it has to be held by those phone mounts.

http://www.transportation.alberta.ca/distracteddriving.htm





Originally posted by schocker

It is allowed but for some reason is not in the main tsa

http://www.qp.alberta.ca/documents/Regs/2011_113.pdf

Province of Alberta
TRAFFIC SAFETY ACT
DISTRACTED DRIVING REGULATION



The more you know. Because it was in my hand is why I got the ticket. Silly, but the law is the law I guess.

I love how people think putting their phone on speaker and holding it up to their mouths but not their ears is fine.

[Feruk]

Didn't everyone figure out years ago that you just keep it on your legs so the cop can't see you using it?

[Mixalot27]

RCMP here in Vernon ride the bus so they can see downwards into people's cars.

Another technique they use is standing on medians with cardboard signs posing as homeless panhandlers. They bust a lot of people who sneak a quick peek at their phones while stopped at a red light.

[speedog]

Originally posted by Mixalot27
During the Christmas holidays I saw RCMP bust a driver using a telescopic lens for the first time. I was driving the Roger's pass and all of a sudden I see a cop on the shoulder with the telescope. He runs out in front of me but then motions me to keep going and pulls the guy behind me over.

I'm guessing that this is related in some way to the topic being discussed but I just can't see the connection.

[wintonyk]

Originally posted by Feruk
Didn't everyone figure out years ago that you just keep it on your legs so the cop can't see you using it?

haha then that crotches kill campaign popped up.
http://enddd.org/wp-content/uploads/2014/06/crotches-kill.jpg

[Mixalot27]

Originally posted by speedog
I'm guessing that this is related in some way to the topic being discussed but I just can't see the connection.

I was referring to the new technology referenced in the link below that RCMP are using to bust distracted drivers from long distances. It was the first time I had seen it in action and in quite an unexpected place. Made me feel like you never know who might be watching. I hope they didn't see me picking my nose. :rofl:

http://www.cbc.ca/news/canada/calgary/distracted-driving-texting-scopes-bc-1.3586268

[nismodrifter]

Originally posted by Mixalot27


http://www.cbc.ca/news/canada/calgary/distracted-driving-texting-scopes-bc-1.3586268


From the above article...
The penalty for distracted driving in B.C. is going up June 1 to $543 for a first offence and $888 for a second on


So is it good luck to get that $888 charge? Mo cheen with that kinda fine.

[Alterac]

So what about if you put your vehicle into park at the red light and then use the phone?

Is that still under the definition of operating a vehicle?

[rage2]

Originally posted by Alterac
So what about if you put your vehicle into park at the red light and then use the phone?

Is that still under the definition of operating a vehicle?
Yes. You have to be legally parked to use your cell phone, with the exception of 911. Parking on the side of a road like crowchild to use your phone could still net you a distracted driving ticket as it's not legal parking IIRC.

[Feruk]

Originally posted by Mixalot27
RCMP here in Vernon ride the bus so they can see downwards into people's cars.

Another technique they use is standing on medians with cardboard signs posing as homeless panhandlers. They bust a lot of people who sneak a quick peek at their phones while stopped at a red light.
You're kidding right? That's so pathetic. I would be embarrassed to know any RCMP whose job it was to do that.


Originally posted by rage2

Yes. You have to be legally parked to use your cell phone, with the exception of 911. Parking on the side of a road like crowchild to use your phone could still net you a distracted driving ticket as it's not legal parking IIRC.
Hypothetical situation: You pull over on side of road, take keys out and toss them in the back, start using cell phone. Can you still get a distracted driving ticket?

[Swank]

^probably, the driver is still not legally parked, you'd probably have to move into the passenger seat before resuming candy crush :rofl:

[mr2mike]

Get a 1980's station wagon or vehicle with a center console that has foot room across the whole under part of the dash.
https://s-media-cache-ak0.pinimg.com/originals/cb/ba/7b/cbba7b69cf550b4be6072743912292c8.jpg

[Kloubek]

Originally posted by Feruk
Hypothetical situation: You pull over on side of road, take keys out and toss them in the back, start using cell phone. Can you still get a distracted driving ticket?

Absolutely. I saw a report on the news some year ago where a guy was pretty pissed. He pulled over, turned his vehicle off, and used the cell phone and got a ticket. Granted, he didn't throw the keys in the back but the point is that he wasn't "legally parked".

I agree with the distracted driving law. However, like many laws, they left it completely open for the cops to ticket people just for the sake of giving a ticket as opposed to something which was actually increasing safety.

[rage2]

It's pretty dangerous to just park on the side of the road to use the phone though. Everyone thinks it's a multinova and slams on the brakes. :rofl:

[Feruk]

Originally posted by Swank
^probably, the driver is still not legally parked
But without the keys, are you still a driver? :nut:

[schurchill39]

Originally posted by rage2
It's pretty dangerous to just park on the side of the road to use the phone though. Everyone thinks it's a multinova and slams on the brakes. :rofl:

I see this all the time on Deerfoot and Stoney. :banghead:

[revelations]

Originally posted by Feruk

You're kidding right? That's so pathetic. I would be embarrassed to know any RCMP whose job it was to do that.

You don't know any Traffic members then. They receive large numbers of public complaints: "WHY ARENT YOU GUYS DOING SOMETHING ABOUT THIS DISTRACTED DRIVING PROBLEM" ....and sometimes it takes measures like this to stop the assholes from staring at their phones on a regular basis.

[Kloubek]

Originally posted by schurchill39


I see this all the time on Deerfoot and Stoney. :banghead:

I had a pucker moment yesterday with this on Deerfoot North. (Granted, they were pulled over due to mechanical failure). A van on the shoulder, with about half their van still in the left lane because they couldn't or didn't move over enough. The vehicle in front of me must not have noticed quick enough because he swerved pretty hard, so I had to do the same in anticipation there was something there. Yup... there was. Very dangerous.

[Swank]

Originally posted by Feruk

But without the keys, are you still a driver? :nut: Apparently you are if you're drunk in that scenario, so I dunno, probably with texting too. I might be crossing over into an 'apples and oranges' comparison now. Just leave your phone in the trunk, that's the least confusing ;)

[duaner]

I don't understand why people just don't spend a few bucks and get a Bluetooth device, like this speakerphone I just got:

https://www.amazon.ca/Avantree-MULTIPOINT-Bluetooth-Speakerphone-Smartphones/dp/B00SSM6L4Q/ref=sr_1_4?ie=UTF8&qid=1485468835&sr=8-4&keywords=bluetooth+speakerphone

$30 versus a $$$ ticket. I don't get it.

[blairtruck]

Originally posted by duaner
I don't understand why people just don't spend a few bucks and get a Bluetooth device, like this speakerphone I just got:

https://www.amazon.ca/Avantree-MULTIPOINT-Bluetooth-Speakerphone-Smartphones/dp/B00SSM6L4Q/ref=sr_1_4?ie=UTF8&qid=1485468835&sr=8-4&keywords=bluetooth+speakerphone

$30 versus a $$$ ticket. I don't get it.
how do i snapchat on that thing?

[jwslam]

Originally posted by blairtruck

how do i snapchat on that thing?
What about my live instagrams?

[carson blocks]

A small part of me thinks it was safer back in the day when people would just proudly hold their phones up to their line of sight to text, now they're staring at their lap or console while driving to try and keep the phone hidden.

[jwslam]

Apparently this is NOT distracted driving

http://globalnews.ca/news/3706229/masturbating-nova-scotia-man/

[Thaco]

funny though

(a) holding, viewing or manipulating a cellular telephone, radio communication device or other communication device that is capable of receiving or transmitting telephone communication, electronic data, electronic mail or text messages, or

basically using your phone for any purpose, if it visible, is an infraction, GPS, hand free calling, whatever, if you can see the phone, you're distracted. so basically, every person in the city is guilty... everybody uses their phone for gps.

[J-hop]

funny though

(a) holding, viewing or manipulating a cellular telephone, radio communication device or other communication device that is capable of receiving or transmitting telephone communication, electronic data, electronic mail or text messages, or

basically using your phone for any purpose, if it visible, is an infraction, GPS, hand free calling, whatever, if you can see the phone, you're distracted. so basically, every person in the city is guilty... everybody uses their phone for gps.


Kinda makes sense, you've got your phone mounted on the dash for GPS, someone texts you, yea right you're not going to try to read it. I do it for sure so I can see why

[Thaco]

Kinda makes sense, you've got your phone mounted on the dash for GPS, someone texts you, yea right you're not going to try to read it. I do it for sure so I can see why

at the same time though, if you have built in bluetooth and someone calls, you're definitely gonna look at the CID display on your dash before you use voice commands to accept, so how is that different?

if glancing at your phone to see who called or texted is distracted driving, then so is looking at my speedometer.... it takes my eyes off the road... abolish speed limits!.. its so grey its pathetic.

[J-hop]

... abolish speed limits!.. its so grey its pathetic.

Now you're talkin!

[Axe]

(a) holding, viewing or manipulating a cellular telephone, radio communication device or other communication device that is capable of receiving or transmitting telephone communication, electronic data, electronic mail or text messages, or

The section as outlined earlier in the thread relates to cell phones but does the above statement then imply it would also be illegal to use a C.B. radio while driving? I may have misunderstood, but a C.B. radio would be a "radio communication device". Just wondering about the implications to truckers...

[Xtrema]

funny though

(a) holding, viewing or manipulating a cellular telephone, radio communication device or other communication device that is capable of receiving or transmitting telephone communication, electronic data, electronic mail or text messages, or

basically using your phone for any purpose, if it visible, is an infraction, GPS, hand free calling, whatever, if you can see the phone, you're distracted. so basically, every person in the city is guilty... everybody uses their phone for gps.

http://www.transportation.alberta.ca/distracteddriving.htm

You can look at phone, you can talk on phone via BT, you can yell commands at it, you just can't touch it unless you are parked.

The same rule goes to integrated GPS systems.

[dirtsniffer]

Apparently this is NOT distracted driving

http://globalnews.ca/news/3706229/masturbating-nova-scotia-man/

And here I thought no one drives a stick shift anymore.

[LilDrunkenSmurf]

http://www.transportation.alberta.ca/distracteddriving.htm

You can look at phone, you can talk on phone via BT, you can yell commands at it, you just can't touch it unless you are parked.

The same rule goes to integrated GPS systems.

This is what drives me nuts. You can use hands free on your phone, and that's fine. But if you're still holding the goddamn phone up while using it, that's not hands free. Either buy a bluetooth head unit, or throw it in the cupholder while you're talking.

[gretz]

http://www.transportation.alberta.ca/distracteddriving.htm

You can look at phone, you can talk on phone via BT, you can yell commands at it, you just can't touch it unless you are parked.

The same rule goes to integrated GPS systems.

Can't touch a dash mounted phone but can fingerblast your GPS screen to death, makes perfect sense

[Xtrema]

Can't touch a dash mounted phone but can fingerblast your GPS screen to death, makes perfect sense

Neither is kosher. But you would bet they will enforce phones a lot harder than people screwing with in dash unit.