Campbell River courthouse. Google maps

Listening to podcast off phone app while driving not distracted driving, B.C. 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.

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

RELATED: B.C. judge tosses ‘N’ driver’s claim he was just using phone to decline his mom’s call


@AlstrT
editor@campbellrivermirror.com

Like us on Facebook and follow us on Twitter

BC Supreme CourtCampbell Riverdistracted driving

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Photo collage of loved ones lost to substance use and overdose. (Photo courtesy Moms Stop The Harm)
B.C. overdose deaths still rising 5 years after public health emergency declared

Moms Stop the Harm calls on B.C. to provide safe supply in response to deadly illicit drug use

A local letter writer is irate that tourists and people in the area of the resort community of Whistler are considered a higher vaccination priority than emergency personnel and other frontline workers. (Whistler Blackcomb photo)
LETTER: Langley man loses confidence in NDP after Whistler vaccination decision

Emergency personnel and other frontline workers should be vaccinated before Whistler tourists

Langley-Aldergrove MP Tako van Popta will be at a ceremony marking 70 years since Canadian soldiers fought at the Battle of Kapyong, held at the Gapyeong Memorial in Langley’s Derek Doubleday Arboretum on Friday, April 16. (Special to the Langley Advance Times)
Langley battle memorial marks 70 years since pivotal clash in Korean War

The Gapyeong Memorial will host a small, private ceremony this Friday

Prince George Cougars triumph over the Langley-based Vancouver Giants Monday night, by the score of 4-1. That follows a similar defeat on Saturday by the same team. (Cougar’s Allen Douglas/Special to Black Press Media)
Vancouver Giants fall in 4-1 loss to Prince George

WHL hockey team goes up against Victoria in Kamloops on Thursday

COVID-19 virus (file photo).
COVID cases recorded at 5 Langley schools

14 schools remain on Fraser Health exposure list

A person receives a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS
B.C. sees 873 more COVID-19 cases Tuesday, decline continues

Hospitalizations up to 377, two more deaths for 1,515 total

White Rock's popularity as a destination places it in a difficult position in ensuring provincial health orders are followed, Coun. David Chesney said, asking that staff obtain impartial input from both Fraser Health and the Ministry of Health before further measures are debated. (File photo)
Pandemic crowding on waterfront vexes White Rock council

Overcrowding, extra garbage the downside of take-out business

FILE – People hold signs during a memorial march to remember victims of overdose deaths in Vancouver on Saturday, August 15, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. to request federal exemption for simple drug possession

Announcement comes on 5-year anniversary of B.C.’s first public health emergency

(AP Photo/Matthias Schrader, FIle)
Rare blood clots ‘may be linked’ to AstraZeneca vaccines: Health Canada

One case of the adverse effect has been reported in Canada

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has restricted indoor dining at all restaurants in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 indoor dining, drinking ban extending into May

Restaurant association says patio rules to be clarified

Two men walk past a sign on Main Street in downtown Vancouver, B.C., Monday, April 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Calls for government transparency in COVID data continue as B.C.’s 3rd wave wears on

Social media, where both information and misinformation can spread like wildfire, has not helped

Two men were seen removing red dresses alongside the Island Highway in Oyster Bay. (Submitted photo)
Observers ‘gutted’ as pair filmed removing red dresses hung along B.C. highway

Activists hung the dresses to raise awareness for Indigenous Murdered/Missing Women & Girls

A grey whale off the coast of Vancouver Island is being monitored by Canadian and U.S. researchers, as it has developed lesions after being tagged last year. To try and prevent systemic infection from developing, the team administered antibiotics to the whale on March 31 and April 1. (Photo from the NOAA Fisheries website)
Grey whale off Vancouver Island develops lesions after being tagged, researchers monitor its condition

Canadian and U.S. whale experts administered antibiotics to the animal on March 31, April 1

Most Read