Cellphone Ticket Enforcement This September — Here's What You Need to Know
If you drive in British Columbia, you've probably already heard about it: BC Highway Patrol has launched its September Distracted Driving and Occupant Restraint Campaign, and the officers running it are being blunt about their approach. Sgt. Michael McLaughlin, a media relations officer with BC Highway Patrol, has said drivers should expect police to "pop up when you don't expect it."
In practice, that means roadside checks and enforcement showing up where drivers least expect it. Officers say they regularly walk right up to a stopped vehicle in high-visibility gear without the driver even noticing, because that driver is looking at a phone instead of the road.
Distracted driving remains one of the top three causes of death on BC roads, alongside speeding and impaired driving, which is exactly why police treat this campaign seriously every year. But "serious enforcement" also means more tickets get written to people who didn't actually break the law the way the ticket claims and many drivers don't realize they have options once that happens.
Here's what to know before the campaign catches you off guard, and what to do if it already has.
What Actually Counts as a Cellphone Offence in BC
Under BC's Motor Vehicle Act, you cannot hold, operate, or even have a hand-held electronic device within reach while driving in a way that lets you use it. That includes, but is not limited to:
Holding your phone - even at a red light or in stopped traffic
Checking a text or notification
Scrolling social media
Dialing a number by hand
Programming a GPS app
You technically are allowed to use a phone that's properly mounted and fully hands-free by way of a single tap to answer or end a call, or voice-activated commands if you have you full class 5 drivers license. But if the phone is in your hand, or you're interacting with the screen beyond that one permitted touch, you're exposed to a ticket. But….
Although the courts have stated a single tap is allowed, officers regularly give tickets for a single tap or claim that they saw you ‘interact with the phone’ without acknowledging the extent (or lack there of) - leaving you to fight a ticket that you may not deserve with just your word against the officer.
Best practice: Do not touch a phone with your hands at all unless your vehicle is legally parked.
What a Conviction Actually Costs You
A lot of drivers assume a cellphone ticket is a one-time hit to the wallet. It isn't. Here's the full picture:
$368 base fine
4 penalty points on your driving record
A Driver Penalty Point (DPP) premium from ICBC
A Driver Risk Premiums based on your driving history
Possible driving prohibitions
for drivers in the Graduated Licensing Program (new and young drivers), who face zero tolerance for any electronic device use, including hands-free, you can expect a prohibition from a single ticket
for fully licensed drivers, two dangerous offence convictions (as an example: two cellphone tickets) within a year or fifteen points accumulated within two years will result in a prohibition
And that's before you factor in what a conviction can do to your insurance premiums going forward. A $368 fine can easily turn into multiple thousands of dollars over time while a prohibition can cost you driving convenience and in some cases your employment.
How to Avoid a Ticket in the First Place
The obvious advice "don't touch your phone while driving" is correct, but there are other habits you can build to avoid distracted driving tickets in the first place:
Mount your phone before you start driving while you are still legally parked; not at a red light or a stop sign
Position the mount low on the dashboard, not in your sight line
Plan your route and your playlist before you leave
If the phone falls, let it fall. Catching a phone that falls out of a mount counts as being held - let it hit the floor and deal with it when you park
Again: remember red lights and stop signs don't exempt you - ‘stopped’ is not a legal defence
If you're in the Graduated Licensing Program, treat hands-free the same as hand-held. New drivers are held to a stricter standard, and even legal hands-free use for other drivers can result in a ticket for you.
Ensure any usage that violates the law falls under an ‘emergency exemption’ - such as calling emergency services regarding an immediate emergency. Even here, if you have or had the opportunity to pull over, you likely will not be afforded the exemption; do not rely on this as a defence
If You Already Received a Ticket, Don't Just Pay It
This is the part most drivers get wrong. Paying the fine feels like the easy way to make the problem go away but keep in mind paying it is a conviction. If you pay within a specific time frame (30 days), the four points, the ICBC premium, and the mark on your driving record are locked in. There's no fixing it.
Before you pay, it's worth knowing that these tickets are far from unbeatable. Some of the most common issues that come up when a cellphone ticket is disputed include:
Whether the officer actually saw the device being used — as opposed to assuming it based on a glance or an inference
Whether the phone was genuinely "held" at the time, versus mounted or resting elsewhere in the vehicle
Whether the device was configured for legal hands-free use
Whether the officer's notes and in-court testimony actually line up
Whether the stop and observations were properly documented at all
Whether the officer can meet general legal requirements for a conviction relevant to your license class, location of the ticket, and other requirements
The prosecution's whole case usually rests on one officer's observation and testimony. That's a narrower foundation than most people assume, and it means there's often real room to challenge a ticket but only if you act before the dispute deadline, which is a short 30 days.
If you miss your 30 day window to dispute or miss a court appearance resulting in a deemed guilty plea, there are also avenues to get your ticket back into court which have been covered in this blog prior: https://www.zacharydallmanlaw.ca/blog/missed-a-traffic-ticket-deadline-in-bc-heres-what-you-can-do
The Bottom Line
BC police have made it clear they intend to be unpredictable this month by showing up where and when drivers don't expect it. That means more tickets are coming, and it means more of those tickets will be written in the kind of split-second, ambiguous situations that don't always hold up to scrutiny.
If you receive a cellphone ticket during this campaign, or any time,. don't assume paying it is your only option. A short conversation now, while you're still within your dispute window, is the difference between a fine you pay once and a conviction that follows you for years.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about motor vehicle act offences, aka traffic tickets, or need guidance on a legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
Services are provided throughout the Lower Mainland, Vancouver Island, Northern British Columbia, the Kootenays and Okanagan region when dealing with traffic matters.