By Yosie Saint-Cyr, LL.B.*

On October 21, 2009, the British Columbia government tabled Bill 15, Motor Vehicle Amendment Act, 2009 to ban the use of electronic devices such as cell phones while driving. If enacted, the new legislation is expected to come into force on January 1, 2010. Hands free devices will be allowed under the new rules except for drivers in the graduated licensing program (in the “learner” or “novice” stage).

Specifically, “Electronic device” means:

(a) hand-held cellular telephone or another hand-held electronic device that includes a telephone function,
(b) hand-held electronic device that is capable of transmitting or receiving electronic mail or other text-based messages, or
(c) prescribed class or type of electronic device;

This means operating or holding an MP3, iPod or any similar electronic device while driving will also be illegal, as will manually adjusting a GPS, or global positioning system.

The ban prohibits using electronic devices while driving or operating a motor vehicle on a highway in the following way:

• holding the device in a position in which it may be used;
• operating one or more of the device’s functions;
• communicating orally by means of the device with another person or another device;
• communicate by means of an electronic device with another person or another device by electronic mail or other text-based message;
• taking another action that is set out in the regulations by means of, with or in relation to an electronic device.

Exceptions to the ban
There are exceptions to the ban, police officers, firemen and ambulance personnel will be exempt from the new rules. In addition, the new rules will not apply to a person who uses an electronic device:

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

Further exceptions to the ban include:

• 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,
• person who uses an electronic device while engaged in a prescribed activity or in circumstances or under conditions set out in the regulations, or
• person who uses a prescribed class or type of electronic device.

Enforcement and vicarious liability issues
A $167 fine will begin to be levied as of February 1, 2010. If drivers are caught texting or emailing, they will also receive three penalty points on their driving records.  Bill 15: www.leg.bc.ca/39th1st/1st_read/gov15-1.htm

Yosie Saint-Cyr, LL.B., is managing editor at HRinfodesk.com–Canadian Payroll and Employment Law News.

Originally published in HRinfodesk—Canadian Payroll and Employment Law News and Developments October 2009. HRinfodesk is an information and news service that is published by First Reference, which includes employment law news for every jurisdiction in Canada, a Library of Articles, FAQs, a Calendar of Events, Important Dates and an HR Internet Directory for expanded research. Our search tools will help you to quickly find results by jurisdiction, topic, date, keyword and article number. Visit hrinfodesk.com for more information.