Discussions

Unfortunately you have just opened the door for all those that just lurk around here waiting to complain about anything and everything.  
Distracted driving is a horribly serious problem that it costing people their lives, and it has been getting worse.  
 
Rest assured your friend was seen using their phone by a police officer. They have various ways of confirming that which I will not tell.  
The way it is now a ticket is $200. but the demerits will cost a person about $12,000.oo over the next 12 years. A second ticket will cost them around $30,000.oo over the next 20 years.  
Starting soon the offender will in addition have their licence suspended 1st offence 3 days second 7 days. Add to this the cost of having the vehicle towed away to storage as you can not drive it home and it can't stay on the street. Another $400-500.

Think that the police have better things to do than accuse someone frivolously. No one has a phone in their hand when they are stopped.(that’s an argument I am sure) many people have claimed, Yesterday I watched from my house a young lady literally going through a green light with her phone up in her hand while using the same hand to steer. Had she been stopped, I’m sure it wouldn’t have been in her hand by that time either.

Admin you can take this one down. But no "pinkflamingos" it was not me and I was not diminishing the seriousness of the offense. I just don't like the lack of evidence. But what do you do.

A few years ago, a Winnipeg senior was accused of using a cell phone and driving. He had to go to court to fight the ticket and the irony was, he never owned a cell phone. The charge was dropped.  
 
Edited by just the dude, 2018-04-12 16:16:22

The police also drive around on the bus in plain clothes catching people at red lights.

I wouldn't doubt if they were in the building on the corner watching out of the window. (Old CyberJunkies) They would see them out of the window on their phone while at the lights. There was a navy colored police car just down the road. They would have probably been pulled over by that car and ticketed. The spotting officer relays the info to a car and nab you that way. Sneaky? Yes. No different than an officer mimicking a beggar at an intersection and catching people on their cell phones. As for lack of evidence no different than a speeding ticket. He says the radar says X kms but they don't have an actual picture of your speedo do they...yet still get convictions. Honestly I don't think they randomly make up stuff to just pull you over. If you stood at a traffic light intersection and counted the amount of drivers on their phones it would blow your mind. I do like the excuse that it wasn't in their hands. Never have seen someone say they were holding their cell when being pulled over lol. Just like the speeder wasn't speeding when they were pulled over either.

If people would drive with their hands at 10 and 2 like they are supposed to then there would be no question of innocence. I imagine your friend is guilty.

Like others I would guess the person is guilty. Suppose they could have got the wrong car but that’s a long shot. On the flip side how do you prove you were not using your phone?

That is a good question. Other than providing a detailed cell phone bill that clearly shows the date and time of all calls and text messages and cross reference those times against the ticket.  
 
Another solution is a dashcam to protect  
yourself. Ironically, that was a thread I just started and then this thread came up shortly after...lol.  
 
Edited by just the dude, 2018-04-12 17:06:49

I had this happen, I was supposedly seen using my phone on the highway when I wasn't, I fought the ticket and proved by using call history and time stamp for texts. When I won I asked the people in the room "If he saw this and stands by it, what else has he seen that didn't actually happen?"

RC123 said "If people would drive with their hands at 10 and 2 like they are supposed to then there would be no question of innocence. I imagine your friend is guilty. "

9 and 3 are now considering proper hand positions.  
 
https://www.mpi.mb.ca/en/pdfs/completehandbook.pdf  
 
You’ve been doing it wrong.

Can be doing other things on your phone while driving besides texting and making a phone call so I don't see how that would get you out of a ticket

Exactly. Not talking or texting is not proof for not using your phone. A huge amount of phone use involves neither.

This law can and will nail people for many distractions. That we should be aware of. To the cells I am betting the police can check on site what you were doing. Look at that Uber accident. I bet they were reading facebook or messages.  
 
That is easy for police to check. Time wise etc. I wonder if screen glances count if it on the seat and the police notice your eyes off the road? Even at a intersection? It should when stopped as it takes attention from the outside surroundings. No one wants to be rear ended much less not aware it is coming re ice on roads.

states that you can get charged if your phone is anywhere you can reach it like your cup holder.

Woody94 said "Exactly. Not talking or texting is not proof for not using your phone. A huge amount of phone use involves neither. "

Also agree that if your phone is within reach it can lead to speculation of use.  
Removing your wallet from your back pocket to the console or cupholder etc...could also lead to the allegation of having a cell phone in your hand..distracted driving charge.  
The Judge/police officer would just say..will the guilty defendant please rise for sentencing..lol

Police use all sorts of tactics now to catch distracted drivers. They have improved the lens on their cameras to also detect distracted drivers. These tactics have been mentioned in the news a bit. Other provinces started putting officers on buses and c-trains and they would radio it in to another officer waiting near by. They have disguised themselves as “homeless” people at street corners.  
 
Manitoba has always been a little behind the ball. Winnipeg just recently announced putting officers on city transit and it really wouldn’t surprise me if BPS was starting to pick up on all this too as well as hide them in public buildings.  
 
Anything can now be considered distracted driving, not just cell phone use.

I was taught 10 and 2 so likely won’t change.  
 
Bottom line is if both hands are up and on the wheel you won’t give them reason to give you a ticket. Distracted driving does not necessarily mean texting

I should also mention they tend to work in teams. So the officer that sees the initial act will radio it in to another officer waiting up the road some where.  
 
Best thing is to just keep your hands on the wheel and pay attention to your surroundings

Considering that virtually ALL vehicle head units are now Bluetooth enabled, it puzzles me why ANYONE would continue to use a cell phone by itself.

if you are driving down the road with your cellphone on your passenger seat while talking to someone with the phone on speaker phone ,,,,is this any different than talking with your vehicle on bluetooth

If I am at an intersection, and I take my eyes away from the road in front of me to consult my GPS on my dadhbosrd, I do not believe this is distracted driving. You are stopped, at an intersection! Sometimes, you need to look at your GPS to ensure you are going in the right direction to your final destination. If a quick glance at an intersection is distracted driving, than we are taking this way too far. I’d rather consult my GPS than drive around lost, which can also be the cause of accidents. Texting at an intersection and consulting a dashboard GPS are different things entirely. I do not think the law, however, would agree with me

Firstly, I've always been of the thought that distracted driving should have a lot steeper fine.  
 
That being said, it's a poorly written law. To be more precise, the definition of "using" an electronic device under the law itself and its companion regulations are too vague. As written, a device attached by elastic to the steering wheel would probably be fine, but a device in a purse or pocket out of view is "being used".  
 
If the province wants harsher penalties then they need a tighter law. Perhaps keep the current penalty if it is on the judgement of the officer, upping it to suspension if there is photographic evidence.

Wish I had a dashcam...this morning at 645am, I witnessed a BPS do a right hand turn onto 26th st and immediately went into far lane closest to the center boulevard. Absolutley no regard to traffic laws to have care and control of the immediate right lane and do a proper lane change. If that was Joe Civy who did that he probably would have gotten tasered for erratic driving and a ticket for improper lane change.  
But who am I to complain...Brandon has the best cops that money can buy.

I’m guessing apple CarPlay for hands free calling is not considered distracted driving?  
 
Edited by allice, 2018-04-13 04:43:02

To keep the temptation in check, I’ve started leaving my cell phone in the back seat. I have Bluetooth so can still answer and make phone calls. But won’t be tempted to pick my phone up if I get a text.

Set our phones to”I can’t answer you right now I am driving”

Pasquale said "Set our phones to”I can’t answer you right now I am driving” "

how did we ever manage to drive without phones before?  
 
We did fine, if someone wanted to call us, we got the message when we got home.  
 
People using their phones, while driving, makes others have to no add another thing to watch out for when driving and be aware....

http://web2.gov.mb.ca/laws/statutes/ccsm/h060e.php  
 
The Highway Traffic act - subsection 215  
 
Use of radio headphones prohibited  
 
215 No driver of a motor vehicle or operator of a bicycle shall, while operating the motor vehicle or bicycle on a highway, wear, on both ears, headphones which are used for the purpose of listening to a radio or a recording.  
 
Definitions re hand-operated electronic devices  
 
215.1(1) The following definitions apply in this section.  
 
"hand-operated electronic device" means  
 
(a) a cellular telephone:  
 
(b) another electronic device that  
 
(i) i:ncludes a telephone function, and  
 
(ii) normally is held in the user's hand during use or requires the user to use his or her hand to operate any of its functions:  
 
(c) an electronic device that is not otherwise described in clause (a) or (b) but that  
 
(i) is capable of transmitting or receiving e-mail or other text-based messages, and  
 
(ii) normally is held in the user's hand during use or requires the user to use his or her hand to operate any of its functions: or  
 
(d) any other electronic device that is prescribed as a hand-operated electronic device by the regulations. (« appareil électronique à commande manuelle »)  
 
"use", in relation to a hand-operated electronic device, means any of the following actions:  
 
(a) holding the device in a position in which it may be used:  
 
(b) operating any of the device's functions:  
 
(c) communicating by means of the device with another person or another device, by spoken word or otherwise:  
 
(d) looking at the device's display: and  
 
(e) taking any other action with or in relation to the device that is prescribed by the regulations. (« utiliser »)  
 
Using hand-operated electronic device while driving prohibited  
 
215.1(2) No person shall use a hand-operated electronic device while driving a vehicle on a highway unless,  
 
(a) before using the device by hand, the person safely drives the vehicle off the roadway and keeps the vehicle stationary while using the device: or  
 
(b) the device  
 
(i) is a cellular telephone or another electronic device that i:ncludes a telephone function, and  
 
(ii) is configured and equipped to allow hands-free use as a telephone and is used in a hands-free manner.  
 
Exception  
 
215.1(3) As an exception to subsection (2), a person may use a hand-operated electronic device by hand to call or send a message to a police force, fire department or ambulance service about an emergency.  
 
Exception — police, fire and ambulance personnel  
 
215.1(4) Subsection (2) does not apply to any of the following persons in relation to the use of a hand-operated electronic device in carrying out his or her duties:  
 
(a) a member of the Royal Canadian Mounted Police Force or another police officer, police constable or constable:  
 
(b) a firefighter employed by a fire department:  
 
(c) an ambulance operator as defined in section 1 of The Emergency Medical Response and Stretcher Transportation Act.  
 
Exception — certain radios and other equipment  
 
215.1(5) Subsection (2) does not apply to the use of  
 
(a) a radio apparatus, as defined in section 2 of the Radiocommunication Act (Canada), that  
 
(i) is operated under the authority of a radio operator certificate issued under that Act,  
 
(ii) must, in order for its operator to communicate with another person, transmit radio signals to another radio apparatus that is operated under the authority of a radio licence issued under that Act, other than a radio licence issued to a cellular telephone network provider, or  
 
(iii) is the type of radio apparatus commonly known as citizen's band radio or family band radio: or  
 
(b) a mobile data terminal that  
 
(i) is used for dispatch or other business-related communications in a vehicle used for business purposes, and  
 
(ii) is not held in the driver's hand when the vehicle is moving.  
 
Regulations  
 
215.1(6) The Lieutenant Governor in Council may make regulations  
 
(a) for the purposes of the definition "hand-operated electronic device" in subsection (1), prescribing other devices as hand-operated electronic devices:  
 
(b) for the purposes of the definition "use" in subsection (1), prescribing other actions that, when done with or in relation to a hand-operated electronic device, constitute using it:  
 
(c) respecting the exemption, with or without conditions, of certain classes or types of devices or vehicles, or certain classes of persons, from the operation of a provision of this section:  
 
(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.  
 
S.M. 2009, c. 6, s. 3.