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Vancouver Auto Chat 2016 VAC Community Head Moderator: Raid3n

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Old 10-09-2017, 07:02 PM   #1
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New distracted driver law question

Is securing your phone to the windshield or dash ok or will you get ticketed?

I tried searching but couldn't find anything on the new law...

Anyone have links?

Thanks
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Old 10-09-2017, 07:33 PM   #2
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as long as its secured to a mount. no cup holders, lap or passenger seat.


Phone secured while driving? Cup holder won't cut it - British Columbia - CBC News

http://www2.gov.bc.ca/assets/gov/dri...le-driving.pdf
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Old 10-09-2017, 07:59 PM   #3
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The PDF file was made back in Feb, didnt they updated the law afterwards?
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Old 10-09-2017, 09:24 PM   #4
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The government link posted by Ghostrider is the same one found on this link

Distractions While Driving - Cell Phones and Other Devices - Province of British Columbia

I'm assuming it's the most updated version, but there's also a phone number in that link that you can probably call to clarify things.
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Old 10-09-2017, 09:35 PM   #5
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Wait, I can’t put my phone in the cup holder? I’m actually really strict and never touch my phone while driving. But with having a large phone and wallet, they go in the cup holder before I even start the car. That’s now illegal too?
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Old 10-09-2017, 09:39 PM   #6
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phone needs to be secured to the car, according to the documents.. its not secure if its in the cup holder...
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Old 10-10-2017, 12:13 AM   #7
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Cup holder= not secure
Windshield/dashboard mount thing that falls off once in a while (usually when you're driving)= secure

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Old 10-10-2017, 12:39 AM   #8
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lol, my phone is always in the cup holder..

I wouldn't be too worried, seems like the people getting caught are the ones that are blatantly using their phone at the red lights (or while driving, lol). Cops are checking to see who's got their heads down texting or holding their phone up to eye level, not people who have their phones in their cup holders.

Unless some of you have stories otherwise....?
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Old 10-10-2017, 03:28 AM   #9
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Wait, I can’t put my phone in the cup holder? I’m actually really strict and never touch my phone while driving. But with having a large phone and wallet, they go in the cup holder before I even start the car. That’s now illegal too?
You can put your phone in the cup holder as long as you are not using it. If you are using it, for example as a GPS or taking a hands free call, technically by law it has to be mounted or secured. I believe that’s what they’re saying.
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Old 10-10-2017, 08:02 AM   #10
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i don't know how i lived this long without it
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Old 10-10-2017, 08:25 AM   #11
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Just an FYI, if cops see your phone in your cup holder, you will likely get a ticket, unless cop just gives you a warning.

They use the same logic as handing out tickets for sleeping in the car while drunk, if you have your keys on you - you had the "potential" of breaking the law, so you broke the law.

It's stupid, but it is the way it is. Secure it somewhere, or put it in a door pocket or somewhere out of easy reach.

Source: Friend got ticket for phone in cup holder, disputed, lost.
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Old 10-10-2017, 08:32 AM   #12
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lol, my phone is always in the cup holder..

I wouldn't be too worried, seems like the people getting caught are the ones that are blatantly using their phone at the red lights (or while driving, lol). Cops are checking to see who's got their heads down texting or holding their phone up to eye level, not people who have their phones in their cup holders.

Unless some of you have stories otherwise....?
I was sitting in traffic on boundary road one day. A motorcycle cop was lane splitting going car to car checking for phones. Eventually he found someone (who to me didn't look like they were talking on their phone as it wasn't in their hands) and the cop told her to pull over. The person seemed confused and he pointed and told her it was because of the phone in the cup holder. The only reason I heard this is because it was right next to me and my window was down. My mind blew up at that moment because of how stupid that is. I then carefully tucked mine into my center console from my cup holder lmao.
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Old 10-10-2017, 08:34 AM   #13
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That’s fucked. Guess I’ll switch to door pocket even though it is JUST AS ACCESSABLE as the cup holder. Should I lock it in the trunk? Put it in a burlap sack and hurl it in the river?
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Old 10-10-2017, 08:35 AM   #14
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so they can issue you a $600+ ticket for having a phone in a cup holder?

fuck right off
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Old 10-10-2017, 08:48 AM   #15
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OK guys, here's how it works:

Simply having your phone in your cupholder is not illegal.

USING your phone while it's in your cupholder IS illegal.

Of course if any cop sees you looking down for any reason, and then spots a cell phone in your cup holder you're probably going to get a ticket.
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Old 10-10-2017, 08:48 AM   #16
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I just put my phone in my center console. Pretty secure in there. If you actually don't check your phone while driving there isn't really a need to have it handy in a cup holder :P
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Old 10-10-2017, 09:05 AM   #17
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I just put my phone in my center console. Pretty secure in there. If you actually don't check your phone while driving there isn't really a need to have it handy in a cup holder :P
Except that when I go to get out of my car I'm infinitely more likely to forget it if it's in my console.

Ive heard of people getting tickets for their phones on the passenger seat or in the cup holder as well. Even if they weren't using it. Which is retarded. That pdf is pretty clear, it only needs to be secured if you are using it. Just having it in your car and not using it gets you a ticket? What's the difference between it being in my pocket and it being in my cup holder.

What's next you have to carry it in the trunk like booze? Lock it in a padlocked cover? Fuck off.
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Old 10-10-2017, 09:07 AM   #18
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Of course if any cop sees you looking down for any reason, and then spots a cell phone in your cup holder you're probably going to get a ticket.
what if I'm just fixing a wedgie or scratching my balls at the red light?

few posts above suggests law enforcement is starting to treat mobile devices like open alcohol unless it's secured in a mount.
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Old 10-10-2017, 09:13 AM   #19
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what if I'm just fixing a wedgie or scratching my balls at the red light?

few posts above suggests law enforcement is starting to treat mobile devices like open alcohol unless it's secured in a mount.
Yep, It's your word vs the officer's and sure, it's a law that's open to abuse.
I'm not disputing that.
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Old 10-10-2017, 09:35 AM   #20
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Here is the link to the rules.
You can have it on your person in your pocket with a headset even...

http://www2.gov.bc.ca/assets/gov/dri...le-driving.pdf
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Old 10-10-2017, 10:50 AM   #21
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what if I'm just fixing a wedgie or scratching my balls at the red light?
Let the officer smell your fingers after thats proof
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Old 10-10-2017, 11:51 AM   #22
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Sounds like a lot of BS in that case...

I assume it's a "black and white" rule for the sake of simplicity.
Kind of like, 50 is legal, 51 is speeding.. But no officer's gonna give you a speeding ticket for 60 (unless in incredibly rare cases..?)

I expect the same analogy with the cup holder issue, assuming there was absolutely nothing indicating you were looking down and using your phone.

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I just put my phone in my center console. Pretty secure in there. If you actually don't check your phone while driving there isn't really a need to have it handy in a cup holder :P
lol, my car is small with tight bolstered seats... Doesn't feel comfy with my phone or keys in my pocket while I'm driving.
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Old 10-10-2017, 01:11 PM   #23
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i got a cheap magnetic phone mount from amazon for this reason. I like to have my phone out of my pocket when driving too and a normal phone mount is too cumbersome to use. So take out my phone, jam it on the magnet and when I park I just grab it as i'm getting out of the car.

so far its been secure but I'm sure it will go flying in a car accident...so...ymmv
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Old 10-10-2017, 04:32 PM   #24
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I think the cops are assuming you're using it regardless if its inside your cup holder.

So technically you're guilty until proven innocent in which case you gotta take it up at court
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Old 10-10-2017, 05:51 PM   #25
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They use the same logic as handing out tickets for sleeping in the car while drunk, if you have your keys on you - you had the "potential" of breaking the law, so you broke the law.
Having a "potential" to break the law is not breaking the law...

The scenario you mentioned is only if you are in the driver seat, and the offence occurred because you had "care and control" of a motor vehicle while impaired. That is what is written in law.

If you had the keys, but were sleeping in the backseat, you did not have care and control. No offence committed.
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