Hefty fines and demerits attached to driver cell phone use starting February

Issue Date: 2010-01-22

Laurie Kay

The month of warnings and brief reprieve regarding cell phone use is nearly over for BC drivers as February 1st approaches. The Government of British Columbia law prohibiting use was introduced in a press release dated October 21st, 2009 by Solicitor General Kash Heed who indicated the law would take effect January 1st, 2010.

Heed stated: “We’re taking action today because British Columbians have made it clear they support stronger restrictions on cellphones (sic) and other devices that take a driver’s hands off the wheel and their eyes from the road.”

Though the new ban may seem draconian to some BC is actually the seventh province to enact the ban through the Motor Vehicles Act. The first was Newfoundland in 2003.

Hefty fines, demerits

It’s likely the full impact of the new law will come as an unwelcome shock to many. Infractions will result in a $167 fine and the addition of three demerit  points to driving records.


It is the responsibility of the Insurance Corporation of British Columbia to record point penalties on the driving record of all offenders. As opposed to one demerit for minor driving infractions such as driving over freshly painted lines or unsafe lane changes, driving while using a cell phone carries the same penalty as driving without a licence, failing to stop for a school bus, or a host of other infractions long perceived as serious by drivers. Ten demerits are allotted for driving drunk and causing death among others. Learners are allowed only two to six demerits and Class 1 to 5 drivers areallowed only 15 to 19 demerits before losing their licences.

Necessary or habitual

For many, especially young people who are also making texting on cell phones an integral part of their lives, a habit that can take both hands off the steering wheel, a traffic ticket will come as an unpleasant shock. Most cell phone owners habitually use their phones in their cars while disregarding the
potential danger of distraction.
Drivers will be forced to recognise that most cell phone use is not necessary when driving and would do well to acknowledge few calls are genuine emergencies that will be considered exemptions.
According to Heed, since drivers’ use of cell phones has become rampant, nearly 120 people have died each yeari n BC with at least 1,400 injured.

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