VANCOUVER—Having your cellphone loose in the car no longer counts as distracted driving, according to a recent ruling by a B.C. Supreme Court judge.

In his March 1 decision, Justice Murray Blok said a driver who appealed his conviction was not “using” the phone and therefore was not guilty of distracted driving. Under British Columbia’s Motor Vehicle Act, people can use electronic devices while driving in a hands-free manner only if the device is securely fixed to the vehicle.

The driver in this case was charged with using an electronic device after a police officer spotted a cellphone wedged between the cushions of the passenger seat. The man was convicted in B.C. traffic court in August 2018, but appealed the conviction, arguing he was not using the phone.

Both the Crown prosecutor and the defence lawyer agreed “the mere presence of a cellphone within sight of a driver is not enough to secure a conviction,” Blok wrote in his judgment.

Lawyer Kyla Lee said the Supreme Court ruling shows people are capable of resisting temptation.

“We need to allow drivers to show they are mature enough to not look at the phone and not be distracted by it,” said Lee, who represented the driver in this case.

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Lee receives calls every week from people who were ticketed for having their cellphones loose in vehicles. She hopes the ruling will prevent police officers from issuing fines to people for simply having their phone near them in the car.

“It was really important for the court to clarify this and to give a ruling that would tell traffic court justices as well as the public what to expect with cellphone cases in court,” she said.

Lee said in light of the ruling, people who were previously convicted for having a phone loose in the car could consider appealing their convictions.

But police are warning drivers that having a phone nearby could still be too great a temptation and lead to distracted driving.

Cpl. Mike Halskov, spokesperson for RCMP’s traffic services division in the Lower Mainland, said officers will continue to look for people who have electronic devices loose in the car, because any interaction, no matter how brief, is against the law.

“If (the phone) is sitting on a seat and you’re looking over at it to see a text message that has come in, or you’re interacting with the phone to see a message, that constitutes use,” he said.

Halskov suggested drivers gauge their ability to resist looking at their phones, even if they have no intention of picking up, and act accordingly.

“I keep (my phone) in a zippered pocket in my jacket, so even though I might hear it, I’m not going to reach in my jacket pocket to get it. That’s the rule I abide by.”

Halskov said drivers could also turn off their phones or keep them in the glove box when they are behind the wheel.

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He hopes people don’t interpret the recent court ruling as a relaxing of B.C.’s road safety laws, because the rules are still very clear: People can use electronic devices while driving only in a hands-free manner and if the device is affixed to the car.

In B.C., the fine for using an electronic device while driving is $368 and four insurance penalty points, which would increase insurance premiums.

Repeat offenders could be fined as much as $2,000 if they are caught again within a three-year period.

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