Support Services

Traffic Section

Distracted Driving Legislation Brief

The Motor Vehicle Amendment Act, 2009 introduced amendments related to prohibitions against driving while using electronic devices:

Effective January 1, 2010, drivers must neither:

• Use an electronic device while driving or operating a motor vehicle on a highway, nor
• Manually dial, send emails or text messages on an electronic device while driving, unless the electronic device being used to communicate is a hands-free device.

In addition to the contraventions above, drivers within the Graduated Licensing Program (GLP) will further be prohibited from:

• Using a "hands-free" electronic device while driving or operating a motor vehicle on a highway
• The GLP driver cannot use any electronic device within the meaning of the Act including hand-held audio players, TVs, and GPS.

What the legislation and regulations say:

• Drivers must not use an electronic device while driving or operating a motor vehicle on a highway
• Drivers must not manually dial, send emails or text messages on an electronic device while driving
• "Using" an electronic device includes any one of:
• Holding the device
• Operating one of its functions (e.g. pressing buttons)
• Talking on the device
• Watching the device.
• "Electronic devices" include:
• Cellphone, Blackberry, and other hand-held devices that have telephone capabilities and on which you can send text messages or emails
• iPods and other audio players
• GPS systems
• Hand microphones
• Televisions
• Other hand-held electronic devices.

Drivers may use electronic devices if they are safely parked off the roadway, if they are using hands-free technology, or if they are reporting an emergency to a police force, fire department or ambulance service (i.e. calling 911).

Special Conditions:

• Drivers are allowed to use hand microphones, but are not allowed to hold them in their hand. The hand microphone must be securely fixed to the vehicle or to the driver's body (e.g. clipped onto a jacket lapel)
• Drivers are allowed to use hands-free technology to communicate over an electronic device (e.g. cellphone equipped with Bluetooth); however, if the hands-free technology involves an earpiece, drivers can only use the earpiece in one ear (not both). Drivers may only press one button in order to answer, initiate or end a call
• GLP drivers are NOT allowed to use any electronic device, including devices with hands-free technology.

» Note

• GLP drivers: Be aware that if you are issued a violation ticket under this new legislation, the violation ticket will indicate Drive Contrary to Restriction (use of electronic device). The fine will be $167 and not the usual $109 for Driving Contrary to Restriction for other reasons, e.g. too many passengers, etc.
• All drivers (non GLP): Manual dialing is prohibited and is treated as texting
• All Drivers (non GLP): Any type of electronic device with a hands-free telephone function may be used for oral communications if used in a completely hands-free manner as described above.

Circumstances these prohibitions do not apply

• These prohibitions do not apply, however, if the GLP driver using the electronic device is safely parked and off the roadway, or is making an emergency call to 911
• A person may use an electronic device in a hands-free telephone function while driving if:
• The electronic device, as well as any part or extension of it, is not held or operated by the hand; and it is voice-activated or requires only one touch in order to initiate, accept or end a call; and
• If the device includes an earpiece, that earpiece can be worn in one ear only and must be placed on the ear prior to driving; and
• The electronic device is securely fixed to the vehicle or worn securely on the person's body, and is within easy reach of the driver's seat; and
• The device must be installed in a manner that does not obstruct the driver's view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.
• The only exceptions are two-way radios, on set frequencies, principally used for commercial purposes and by federally licensed amateur radio operators. These two-way radios will have a cord attaching the microphone to the receiver
• Peace officers and emergency personnel are also exempt from any restrictions when any electronic device is used in the performance of their duties
• All drivers are exempt from these restrictions if they need to make an emergency call to 911 or if they are safely parked and off the roadway.

Should you require additional information please visit:

• ICBC
• BC Government