Can You Touch Your Mounted Phone? B.C. Supreme Court OverturnsAcquittal for Uber Eats Driver
The B.C. Supreme Court has overturned a lower courtâs acquittal of Vasu Subhashbhai Virda, an Uber Eats driver, in a case involving the use of an electronic device while driving. The appeal, heard by Justice W.A. Baker, resulted in a conviction for violating Section 214.2(1) of the Motor Vehicle Act (MVA).
Case Background
The incident occurred on July 31, 2024, when Officer Kim observed Mr. Virda tapping the screen of his cellphone while stopped at a red light. Mr. Virda, who represented himself, testified that he tapped the screen once to accept a delivery offer through the Uber Eats app. Judicial Justice Makhdoom acquitted Mr. Virda, finding his testimony credible and relying on the interpretation that the MVA permits a single touch of an electronic device.
Crown Appeal
The Crownâs appeal argued that the judicial justice erred in law by misinterpreting Section 7 of the Use of Electronic Devices While Driving Regulation, which allows one touch only for initiating, accepting, or ending a phone call. The Crown also contended that procedural fairness was breached as the judicial justice delivered a decision without hearing full submissions from the parties.
Supreme Court Decision
Justice Baker found that the judicial justice misapplied the law. Section 7âs âone-touchâ provision does not extend to applications such as the Uber Eats app, but rather is limited to hands-free telephone functions. The Supreme Court held that the judicial justice failed to exercise proper jurisdiction by not allowing Officer Kim to present further arguments before the acquittal was rendered.
Justice Baker emphasized that while Mr. Virdaâs actions were part of his job and conducted safely, the lawâs restrictions must be upheld. The acquittal was set aside, and a conviction was entered..h
Fine and Sentence
Mr. Virda was fined $295, the minimum amount allowed under the MVA when paid within 30 days. The court granted him six months to pay the fine.
Implications
This decision makes clear the strict application of B.C.âs distracted driving laws, particularly for drivers who rely on electronic devices for work. The court noted that legislative changes would be required to accommodate such use, and the courts must enforce the law as written.
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