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

Eli, left, Brent, Lindsay and Ava Wilson. (Photo courtesy of Lindsay Wilson)
West Shore families share experience in raising a child with autism

Two families reveal some parallels, but circumstances are different for everyone

Kit Thornton, chief aquarist at the Shaw Centre for the Salish Sea, plays with Wanda, the female Giant Pacific octopus currently residing at the centre. The centre will release Wanda back into the wild next month. (Wolf Depner/News Staff)
An octopus named Wanda will soon say goodbye to Sidney

Wanda’s personality is ‘complete opposite’ of previous octopus named after Dr. Bonnie Henry

Hamels Fabrics & Quilting is set to open on April 6 in Sooke. The shop is located at 2044 Otter Point Road. (Mark Martins/Pixabay)
Fabric and quilting store opens doors in Sooke

Shop is filled with all kinds of ‘bright, bold and cheery’ designs

Saanich Fire Department on the scene after a car crashed into the Walmart in Uptown. (Photo courtesy Dan Wood)
PHOTOS: Saanich firefighters free trapped workers at Uptown Walmart

Incident reported as explosion after driver rammed through wall

Tiny packets of carrots ready to be distributed in Victoria. (Submitted/Victoria Seed Share)
Free Victoria seed sharing collective bags work experience funding

Fully volunteer run Victoria Seed Share will get a boost from provincial grant

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

Librarian Katie Burns with the Fraser Valley Regional Libraries poses for a photo in Chilliwack on June 18, 2019. Monday, April 12, 2021 is Library Workers’ Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of April 11 to 17

Library Workers Day, That Sucks! Day, and Wear Your Pyjamas to Work Day are all coming up this week

Nanaimo RCMP are asking for the public’s help in identifying the man suspected of being involved in a stabbing. (Photo submitted)
Nanaimo RCMP trying to identify stabbing suspect who wielded rusty knife

Stabbing followed argument between two men at Port Place Shopping Centre April 1

The inside of the Campbell River Community Centre gymnasium has been marked off in order to facilitate the public flowing through the clinic as they receive their COVID-19 vaccination. Photo by Alistair Taylor – Campbell river Mirror
Leftover vaccines go into arms, not down the drain: Island Health

Immunization plan comes with built-in options for any unused vaccines at the end of the day

A man wears a face mask past the emergency department of the Vancouver General Hospital. (THE CANADIAN PRESS/Jonathan Hayward)
Calls for stricter action in B.C. as COVID-19 variants projected to climb

Jens von Bergmann says the province has taken a ‘wait and see’ approach when early action is needed

Vancouver’s park board general manager issued a new order Friday restricting tents and other temporary structures from being set up in Strathcona Park after April 30, 2021. THE CANADIAN PRESS/Jonathan Hayward
Vancouver park board issues order to restrict tents in Strathcona Park

The order issued Friday restricted tents and other temporary structures from being set up after April 30

Vancouver Canucks general manager Jim Benning says the players who’ve tested positive for COVID-19 are recovering and the team still intends to play a 56-game season. THE CANADIAN PRESS/Darryl Dyck
Canucks players ‘mostly on the other side’ of COVID outbreak: general manager

The athletes have had a “whole range” of COVID-19 symptoms, said team physician Dr. Jim Bovard, but no one has needed to be hospitalized

Police are investigating after a man was shot Thursday, April 8 while sitting in a car in Vancouver. (Black Press files)
Man shot in Vancouver while sitting in a parked car: police

The victim is currently in critical condition. Police say no arrests have been made.

Teachers from SD42 and other districts in the Lower Mainland flocked to Surrey on Tuesday in the hopes of getting a COVID-19 vaccine. (Sheelagh Brothers/Twitter)
Don’t line up for vaccines unless asked to come, Dr. Bonnie Henry warns

Social media post shows teachers lining up outside of Surrey clinic for leftover doses

Most Read