Recent changes to BC "distracted driving" laws?

[Soundy]

Is anyone familiar with any recent changes to BC's distracted driving laws, regarding the use of ham/commercial radios?

Since the laws came into effect, there's been an exemption for these types of radios:

View Screen Capture

"Handheld microphones" have also been generally permitted (with conditions):

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Full summary here: http://roadsafetyatwork.ca/wp-conte...vt-of-BC-electronic-devices-while-driving.pdf

Today someone mentioned on a FB group that this exemption has been removed. He states:

The blanket exemption for us under the BC distracted driving regulations has been removed, and the new regulations contain a lot of confusing and contradictory language. For example, you can talk into a CB style mic, but a VHF mic with more than one button is considered an 'electronic device' and can not be used (not even for transmitting) while driving. You can do anything you want with your installed car am/fm radio, but you cannot even change the volume on your installed CB or VHF.
There have been two convictions under the new regulations, drivers chose not to contest the charge.

I can't find anything about this on CVSE, RCMP, or ICBC websites. There's nothing in the news section on RAC's website either (my login isn't working so I can't check the member areas). I have no specific reason to doubt this person, but as yet he hasn't responded to multiple requests for links or citations, or provided any further details.

All I can think of is that there's recently been a very broad application of the term "use", as detailed in this post: Amateur Radio and Distracted Driving Legislation - Delta Amateur Radio SocietyDelta Amateur Radio Society - if so, this may only be a couple of over-zealous cops and some drivers who have chosen not to challenge the tickets, rather than an actual change in legislation.

Reddit also has a thread about an end to a similar exemption, coming to Ontario in 2018 (https://www.reddit.com/r/amateurradio/comments/2wekf3/amateur_radio_operators_in_canada_will_not_be/)... but nothing (that I've found yet) about BC.

Anyone here heard of anything?

 

[BC_Scan]

While I have not heard this myself I'm sure that the jurisdiction will fall on the Minister responsible for ICBC, on another note I found a new channel on WARS that was doing a sting operation yesterday (RCMP) while AM730 did not yield where it was they were obviously in a great position as he was calling out the plates he was mentioning the infraction, all involved cell phone. Ever listen to the Lad channels, the (the truckers predominantly) never seem to complain about the mic in hand while driving, I know lots of hams are doing it to so I guess we will have to watch and see. Figures, I had to re-read this a few times, that there would be contradiction on the Governments part.

 

[BC_Scan]

2.0 Vs 3.0

Version 2.0 April 2014, is what you posted here. I am looking online same document version 3.0 October 2014, look at the differences.We might be getting closer to a definitive answer.
http://www2.gov.bc.ca/assets/gov/dr...ications/electronic-devices-while-driving.pdf

 

[Soundy]

Interesting. One of many discussions on a FB group included this:

Long story short, the law has not changed. A meeting between amateur radio representatives and the superintendent of motor vehicles, and the solicitor general led to that comment.

The superintendent apparently is of the view that more than one button is illegal. He is wrong at law.

I have not been able to confirm if this view has gone to traffic police or not. What I do know is that most of them will simply not know.

My view, both as an amateur radio operator and as crown counsel, is that we remain legal so long as the body of the radio is attached to the vehicle or to the driver.

In the event anyone gets a ticket, it needs to go to court so this can be clarified further.

 

[dwc]

I spent about an hour last week going through all legislative bill amendments and non-legislated adjustments to the acts. I could not find a single change related to this in the Motor Vehicle Act.

As far as I am concerned this original document published by the Ministry of Justice in 2010 is still accurate;

http://www2.gov.bc.ca/assets/gov/dr...ications/electronic-devices-while-driving.pdf

Some useful sites to keep on top of;

Cumulative B.C. Regulations Bulletin, May 17, 2016
https://www.leg.bc.ca/parliamentary...bates-proceedings/40th-parliament/5th-session
BC Legislation Portal – BC Bill Tracker

 

[dwc]

Just released by the BC RAC director Bill Gipps, VE7XS. Happy to see some movement with this politically.

 

[Soundy]

Yeah, someone sent me that link this morning as well. Lucky my main set is a commercial Icom and only has the PTT mic

 

[ssbtech]

Interesting. One of many discussions on a FB group included this:

When the SMV doesn't know what's going on, it's a good indication the law needs a re-write.

I've yet to find an official list of the prescribed devices and classes of devices referred to in the MVA. The linked PDF simply mentions "examples of...".

So the "hand mic" rule that it has to be securely fixed to the vehicle - you have to reach over to your dash and hold the button while you talk?

 

[NedSem]

The Distracted Driving legislation in BC actually allows for using a radio, as long as the mic is PTT and the radio is securely attached to the vehicle or your person. I have discussed this with persons with the RCMP (traffic division), ICBC and even a Crown Council. They all have no issues with use of a radio under these circumstances. The issue seems to be using a multi-function mic. I have heard of one person who went to court to dispute a DD ticket, and the judge ruled the multi use mic made it a distracted driving device. Another forum indicated that talks are underway between stakeholders and the Atorney General Ministry to resolve this one outstanding issue. Attached are the government's own interpretation of their DD laws.

http://www2.gov.bc.ca/assets/gov/dr...ications/electronic-devices-while-driving.pdf

 

[BC_Scan]

Congrats British Columbia. LOL

Looks like there has been an about face..
Hats of to those that worked hard for all the hams in BC

http://www2.gov.bc.ca/assets/gov/dr...ications/electronic-devices-while-driving.pdf

 

[NedSem]

Great news! Thanks to all who made this happen.

 

[Soundy]

Thanks for the update! Would love to know how this came about.

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[SCPD]

Amateur Radio is highly recognized in BC through the PERCS program that is embedded with Emergency Management BC. I wouldn't be surprised that the support for this exemption came from within EMBC. This is how we were successful in Alberta with an exemption. We working through the amateur radio relationship that exists with Alberta Emergency Management.

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