The Delta Police department hasn’t gone after just anyone when it comes to distracted driving enforcement.
That’s what Chief Neil Dubord had to say when asked if Delta police will have to make some changes when nabbing drivers with cell phones, following a ruling in B.C. Supreme Court this week.
“I would say the large, vast majority of all the distracted driving tickets in Delta are for people either texting or calling on their phone, or when someone has it actually in their hand and they're reading their messages while they’re stopped. So our practice is going to stay the same. We don’t go after people who may have their phones sitting in their cup holders,” said Dubord.
A B.C. Supreme Court judge ruled that having a cellphone loose in your car and within sight no longer counts as distracted driving. The case involved a B.C. driver whose cellphone was wedged in the front passenger seat. He was given a ticket for distracted driving, even though he was not using his device. Drivers typically have 30 days to appeal a past conviction and the ruling means those who have recently been given similar distracted driving tickets will be able to have them thrown out.
Following the ruling, B.C. RCMP's traffic services stated that distracted driving tickets by that department will now only be issued to drivers actually using their phones.
Dubord said it’s been the policy of his department to do that all along.
“We’ve even heard some horror stories from other police departments where they might look at a distracted driving ticket for someone driving through a drive-thru and using an app on their phone to able to pay. We had a conversation with all of our team that isn’t what we believe it’s for. The spirit of the legislation is for people either talking on their phone, reading their phone while it’s held in their hand or texting,” he said.
The fine for a distracted driving ticket is $368, while first-time violators have to pay an extra $210 to ICBC. Those caught also get four penalty points on their driving record.
