Phone secured while driving? Cup holder won't cut it

Using a cell phone or global positioning system while driving can cost drivers in B.C. if done wrong, and police say many people remain confused about the muddy rules aroundphone mounting.

It can't be too low or block the driver's view.

To avoid a $368 mistake, people buy phone holdersbut even that can be problematic when trying to follow the letter ofB.C.'s tough distracted driving laws that have netted $48-million in fines since their inception fines that have proven to be hard to beat.

• 'Hard-to-beat' distracted driving tickets shock drivers who think they're safe at a stop

Police urge people to forgo using a device while driving, if possible, but if it is near the driver, it must be securely attached to the car or the person for example in a pocket and remain in hands-free or voice-activated mode.

If mounted to the car, it not only matters wherebut what is displaying on the screen.

Video or television is not allowed to distract the driver's eye, with the exception of GPS and that can only be used secured and hands-free.

Most important no touching the phone.

Officers nail tensof thousands of drivers underdistracted driving laws every yearand every blitz is successful, despite the fact the laws came into effect in 2010 and allow a lot of latitude to charge people.

"A person must not use an electronic device while driving or operating a motor vehicle on a highway," according to Section 214, Chapter 318 of the Motor Vehicles Act.

Part of the reason people make errors is that the general description in the law leaves a lot of room for interpretation, which, officials say, was done to cut down on distraction-caused accidents.

The insurance Corporation of B.C. (ICBC) estimates about 25 per cent of the on-average 800crashes a day arerelated to distracted driving, which kills about about 78 people a year.

"One of the most common distracting things people do is engage with their phone, and it's one of the riskiest distractions." said Mark Milner, road safety manager for ICBC.

When traffic officers hunt for violators they check:

• Is the device secured.
• Is the driver touching or looking at the device.
• Does the placement distract the eye from the road.

Any device used must be in a pocket or secured to the dash or a vent, making sure it does not "interfere with the safety or operation [of the motor vehicle]" in any way by blocking vision or diverting vision from the road so the cup holder or driver's lapwon't cut it.

A mounted phone or GPS also must keep vision clear toboth front or side windows.

A driver can touch the phone once, to answer a call,but that is it.

"You can only give voice commands to change the programming," said RCMP Sgt. Lorne Lecker, detachment commander DeasIsland Traffic Services who looks for the tell-tale blank stare when evaluatingscreen touchesand glances at the phone.

"We do not charge if a person merely casts a glance towards the phone. We charge that driver who has that look we all see far too often. The one staring unmoving at their screen."