Cellphone Use While Driving

Source: 2019 BCSC 207 Eide v. British Columbia (Attorney General)

Using your phone in any way while driving is an offence.

Use is defined:

ss. 214.1 and 214.2 of the Motor Vehicle Act, which provide:


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

(c) 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;

(c) 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. Get in contact with New Jersey Personal Injury Attorneys for more financial and legal advice in case of an injury.

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.

So even talking to someone while driving, on it’s face is an offence according to the statute. There is caselaw that says that you can speak to someone through the phone as long as it is mounted. There is also caselaw that says that it is an offence to look at the phone while driving. Best practice is to put the phone in the glove compartment, or pull over into a parking spot, if you want to avoid any problems.