Distracted parking?

I have always felt that much of the distracted laws is just a cash grab. Talking on a hand held phone is less dangerous than having a conversation with a back seat passenger. With the phone there is no reason to take your eyes off the road.

In this case is was a particularly obvious cash grab. A gentleman pulled into the Husky in West Kelowna to park his truck for the night. He removed his cellphone from his upper pocket and placed it on the ground beside him, while his vehicle was in park. The second he put the truck in drive and started to move forward, a police officer pulled him over. He was handed a $368 ticket for use of electronic device and four demerit points for $176.

“I thought for sure this was bull because I was on private property, it’s owned by Husky but it turns out when the judge explained it to me, if there is not a fence going all the way around with a gate it is considered public domain,” he said. The judge told the gentleman to personally spread the word because many people don’t know this and that the same ticket could be applied to a driver parked

It seems this judge has a different opinion than the ministry that made the law.

On the Drive BC website they set out the rules for electronic devices. A driver must not hold, operate, communicate or watch the screen of a handheld electronic communication device. A driver must not send or receive text messages or email on any type of electronic device. A driver must not hold, operate, communicate or watch the screen of a handheld electronic computing device, one of the purposes of which is to process or compute data. Note 1: These devices cannot be used unless a driver is safely parked off the roadway or is making an emergency call to 9-1-1.

In this case this gentleman, he was not doing anything on the offending list and he was safely parked off the roadway and still gets nabbed by the police and the court.

Gord Marshall

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