Cullen Edward MacDonald got pulled over last year for texting while driving. When his case went to trial, MacDonald said he wasn’t actually texting, he was just holding the phone in his hand, waiting for a text to come in. The adjudicator let him off, saying that holding a phone is a lot different than using a phone: “There’s no evidence that he was either operating it with his hand or speaking into the device.” But the province appealed, and in a Supreme Court of Nova Scotia ruling that came out today, Justice James L. Chipman clearly decided holding a phone while driving is indeed using it.
The Motor Vehicle Act says “It is an offence for a person to use a hand-held cellular telephone or engage in text messaging on any communications device while operating a vehicle on the highway.” Justice Chipman in his ruling says the purpose of the law isn’t so much to target texting as it is “to prevent people from driving while distracted.” And he found MacDonald was distracted two ways.
One, MacDonald averted his eyes from the road to look at the phone to see if a text had arrived. And two, he was using his right hand to hold the phone instead of being exclusively engaged in the important work of steering the car. “Recall, the section in question says it is an offence to use a hand-held cellular telephone OR engage in text messaging. In my view, the plain meaning of the word ‘use’ includes holding a hand-held cellular telephone and looking at it in anticipation of an upcoming text message. Both of these activities would distract a person from keeping his or her eyes on the road.”
Let this be a warning to Serial fans that fiddling around with the phone while driving to queue up the last episode would definitely count as some illegal usage. Although if you’re going to do it, better sooner than later. Today the lowest fine is $176.45, but in February that’s rising to $233.95.
Read Supreme Court Justice James L. Chipman’s decision.
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This article appears in Dec 18-24, 2014.
This is just common-sense. Just having a conversation with a passenger in the car can distract you badly…any use of a phone in a car is just as bad. Doesn’t matter if you are texting, awaiting a text, holding it up to your ear an talking, or you are “hands-free”…the latter being a joke, because you are still concentrating on the conversation, not the road.
If I ever get T-boned by someone, and survive the crash, and I find out that the other bemused and injured driver was using a smartphone, they’ll be going to hospital with a lot worse injuries than what they originally had. Although I’ll leave them alive for the paramedics.
It also days “cellular” explicitly. So an iPod touch is 100% legal.
Section 100 D (1) of the NS Motor Vehicle Act actually says “It is an offence for a person to use a hand-held cellular telephone or engage in text messaging on any communications device while operating a vehicle on a highway.” It’s a bit unfortunate that they phrased it so rigidly, since the clear intent of the legislation is that talking into whatever, or text messaging on whatever, while driving, is illegal.
In any case, as far as the iPod Touch goes, Section 100(1) of the NS MVA “100 (1) Every person driving or operating a motor vehicle on a highway or any place ordinarily accessible to the public shall drive or operate the same in a careful and prudent manner having regard to all the circumstances” makes it fairly clear that if you’re stupid enough to be driving and attempting to operate an iPod Touch at the same time, you can still be dinged.
Not sure why the iPod Touch even got mentioned, Evan. The guy admitted to holding a phone in his hand, waiting for a text to come in, while in the care and control of a motor vehicle on a public road. There is some ambiguity here?
IPod touch is same software as iPhone. But different legally, somehow.
Its a stupid, poorly implemented kneejerk law that’s even been used to shit on phone as GPS users.
Phone as GPS is a different issue, and yes, it’s also caused some headaches. It’s worth pointing out that in many jurisdictions – rightfully so – certain uses of GPS devices (including smartphones) are covered under distracted driving laws. http://www.consumerreports.org/cro/news/20…
Back in the day – I may date myself here – people actually studied paper maps…you’ll remember paper, some folks still use it from time to time. And they figured out how to get from Point A to Point B, and they even memorized it! Those days are apparently mostly over and done with…now you don’t have to know how to get where you want to go…an electronic device will tell you.