Campbell River courthouse. Google maps

Listening to podcast while driving with your phone beside you not distracted driving, judge rules

Campbell River man appeals ticket, saying he was not touching the phone while podcast played

A Campbell River man successfully appealed a distracted driving ticket after the judge ruled that hands-free listening to a podcast with your phone beside you does not constitute a prohibited use of a cellphone as defined by the Motor Vehicle Act.

“None of those prohibited forms of ‘use’ is engaged by passively listening to an audio broadcast that is initiated through a cellphone before a driver enters their vehicle,” Justice Peter G. Voith said in his reasons for Judgment dated Jan. 6 in Campbell River.

Ryan Michael Bleau disputed a ticket for driving while using a phone but lost his case on Feb. 25, 2020. He was issued a ticket for using an electronic device while driving contrary to s. 214.2 of the Motor Vehicle Act.

Bleau was alone in his car and was driving to work and did not touch or otherwise interact with his phone at any point while driving. The phone was, however, playing a podcast through the speakers of the sound system of his truck, linked wirelessly by way of a Bluetooth connection.

“At all material times the phone was located in the cup holder of the centre console between the driver and passenger seats,” Justice Voith said. “The phone was placed loosely in the cup holder, held in place by only the rubber grommet or seal of the cup holder. It was not securely fixed to the vehicle by any magnetic or physical implement, and the appellant accepted that nothing adhered the phone to the cup holder.”

The Judicial Justice, in the original Feb. 25, 2020 conviction, concluded that the appellant had used an electronic device to play a podcast through his car stereo without the phone being firmly affixed to the vehicle and that that conduct constituted a “technical” violation of s. 214.2 of the Act.

But the appeal court judge Voith, decided that Bleau did not engage in a “use” of the phone that is prohibited under the Act or under the Use of Electronic Devices While Driving Regulation.

“The fact that his phone, through which a podcast was playing, was not secured in his vehicle or on his person is not a form of ‘use’ or a prohibited activity under the Act or Regulation,” Justice Voith said.

Bleau drove into the parking lot at his workplace when he was pulled over by a police officer who said he saw Bleau’s right hand holding his phone to his ear as he drove down the road. Bleau denied that was the case and filed evidence, in the form of a phone bill, that shows there is no chargeable entry pertaining to the time prior to when the officer issued the ticket.

The judge in the original case indicated that he had no reason to disbelieve either officer or the appellant and that he was unable to resolve the inconsistency.

The appellant testified, and this evidence was not contested, that when he first started his vehicle the radio came on automatically. Shortly thereafter, perhaps “30 seconds to a minute later,” his Bluetooth “automatically kicked in as it is set up to do” and he thereafter listened to a podcast until he arrived at his workplace.

For more news from Vancouver Island and beyond delivered daily into your inbox, please click here.

RELATED: $578: that’s how much your first distracted driving ticket will cost with recent hikes

RELATED: Distracted driver who left Saanich girl with catastrophic brain injuries sentenced


@AlstrT
editor@campbellrivermirror.com

Like us on Facebook and follow us on Twitter

BC Supreme CourtCampbell Riverdistracted driving

Just Posted

Royston resident and photographer Tanja Kerr took a quick video of two eagles taking a quick dip in the water earlier this week. Video still/Tanja Kerr
Video: Doing some eagle watching in Royston

Photographer Tanja Kerr ensures her camera is always nearby

'I swear that dog is being good,' says photo submitter Karen Jackson.
Vancouver Island looking for a few good caring canine companions

ElderDog’s goal to expand program of assisting older adults in the care and well-being of their dogs

Paige Karczynski is the new executive director of Nanaimo Community Hospice Society. (Photo submitted)
Providing hospice in a time of pandemic

Vancouver Island hospices forced to adapt during a time when grief counselling greatly needed

Kimberly Proctor, 18, was murdered in 2010. Her family has spent many of the years since pushing for a law in her honour, that they say would help to prevent similar tragedies. (Courtesy of Jo-Anne Landolt)
Proposed law honouring murdered B.C. teen at a standstill, lacks government support

Ministry of Mental Health and Addictions has concerns with involuntary detainment portion of act

BC Coroners Service is currently investigating a death at Canoe Cove Marina and Boatyard in North Saanich. (Black Press Media File)
Drowning death in North Saanich likely B.C.’s first in for 2021

Investigation into suspected drowning Monday night continues

U.S. Senator Bernie Sanders sits in on a COVID-19 briefing with Dr. Bonnie Henry, provincial health officer, and Adrian Dix, B.C. minister of health. (Birinder Narang/Twitter)
PHOTOS: Bernie Sanders visits B.C. landmarks through the magic of photo editing

Residents jump on viral trend of photoshopping U.S. senator into images

Nanaimo Regional General Hospital. (News Bulletin file photo)
COVID-19 outbreak declared at Nanaimo hospital

Two staff members and one patient have tested positive, all on the same floor

A 75-year-old aircraft has been languishing in a parking lot on the campus of the University of the Fraser Valley, but will soon be moved to the B.C. Aviation Museum. (Paul Henderson/ Chilliwack Progress)
Vintage military aircraft moving from Chilliwack to new home at B.C. Aviation Museum

The challenging move to Vancouver Island will be documented by Discovery Channel film crews

A long-term care worker receives the Pfizer vaccine at a clinic in Nanaimo earlier this month. (Island Health photo)
All Island seniors in long-term care will be vaccinated by the end of this weekend

Immunization of high-risk population will continue over the next two months

FILE - In this Feb. 14, 2017, file photo, Oklahoma State Rep. Justin Humphrey prepares to speak at the State Capitol in Oklahoma City. A mythical, ape-like creature that has captured the imagination of adventurers for decades has now become the target of Rep. Justin Humphrey. Humphrey, a Republican House member has introduced a bill that would create a Bigfoot hunting season, He says issuing a state hunting license and tag could help boost tourism. (Steve Gooch/The Oklahoman via AP, File)
Oklahoma lawmaker proposes ‘Bigfoot’ hunting season

A Republican House member has introduced a bill that would create a Bigfoot hunting season

Economic Development and Official Languages Minister Melanie Joly responds to a question in the House of Commons Monday November 23, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Federal minister touts need for new B.C. economic development agency

Last December’s federal economic update promised a stimulus package of about $100 billion this year

FILE - In this Nov. 20, 2017, file photo, Larry King attends the 45th International Emmy Awards at the New York Hilton, in New York. Former CNN talk show host King has been hospitalized with COVID-19 for more than a week, the news channel reported Saturday, Jan. 2, 2021. CNN reported the 87-year-old King contracted the coronavirus and was undergoing treatment at Cedars-Sinai Medical Center in Los Angeles. (Photo by Andy Kropa/Invision/AP, File)
Larry King, broadcasting giant for half-century, dies at 87

King conducted an estimated 50,000 on-air interviews

A Seed and Stone rendering for White Rock, B.C. (Seed and Stone rendering)
Songhees Nation to open two Victoria cannabis stores spring 2021

Seed and Stone stores will open on Gordon Street and in the Bay Centre

A new well in Youbou is expected to meet the community’s drinking water needs for years, announced Klaus Kuhn, director for Youbou/Meade Creek. (File photo)
New well provides fresh water in Youbou

Well expected to meet community’s needs for years

Most Read