Confused about B.C.'s rules for distracted driving? So is ICBC

While distracted driving is a factor in 40 per cent of police-reported crashesand contributes to almost 80 deaths in the province annually, according to the Insurance Corporation of British Columbia (ICBC), some people are still unclear about the rules around distracted driving and that includes ICBC itself.

Earlier this week, the provincial auto insurer released a video meant to demonstrate the rules around distracted driving showing what is and what isn't OK when it comes to the placement of phones and other electronics in your vehicle.

But it didn't take long for the video to generatemore questions than answers, with viewers pointing out that some of the information being shared seemed to be in direct contradiction of the province's rules.

It turns outthey were right andICBCremoved the video, apologizingfor the confusion.

But the whole episode shows how widespread the confusion is about B.C.'s laws on distracted driving, which have led to more than 140,000 tickets beingissuedsince 2018, according to ICBC.

Lawyer Jenn Teryn, who specializes in driving prohibitions and motor vehicle issues,said forlaws to be enforceable, they have to be written clearly and in many cases, distracted driving rules aren't.

"It is really challenging for the average person to understand what is and isn't permissible while operating a vehicle," she said.

"It's just really complicated and confusing."

Watch | The CBC's Maurice Katz tries to figure out B.C.'s distracted driving laws:

Making sense of B.C.'s distracted driving rules

1 year ago

Duration 1:33

What qualifies as distracted driving? Its not always clear. Even ICBC gets confused. The CBC's Maurice Katz helps explain.

ICBC says the bottom line is to keep your focus on the road.

"[Distracted driving] is the second leading contributing cause in fatal crashes," road safety program manager John Nepomuceno told On The Coast host Gloria Macarenko.

"While you're driving, drive. Leave your phone alone, please."

CBC spoke to experts to try to break down the more detailed rules around distracted driving.

What is distracted driving?

Any time a driver looksaway from the road while driving isconsidered distracted driving, according to ICBC.

This includes looking down at aphone or GPS, turning around to talk to someone in the back seat, changing the radio station, eating, drinking, or putting on makeup.

This rule applies not only while on the move, but also while stopped at a red light.

"Drivers are 3.6 times more likely to crash if you're interacting with your smartphone or any electronic device," saidNepomuceno.

Manually texting or diallingis strictly prohibited.

Where should I place my device while driving?

It's preferable to keep devicesin a glovebox orcentre console of some kind out of reach and out of mind, Nepomuceno says.

He also suggests putting it in do-not-disturb mode or driving modetodelay notifications until the vehicle is parked.

Adevice can also be securely mounted on the dash, Nepomuceno says, buttouching itsscreen more than once, even while stopped at a red light, is considered distracted driving.

Terynsays a phone can be placed anywhere in the vehicleas long as it's not in use.

Am I allowed to take calls?

Unless you have an L or N licence, using adevice hands-free including taking calls with the help oftools like Bluetooth headphones isallowed,as long as the driver has put the headset on before they started driving, says Nepomuceno.

To take callsusing the one permissible touch,the devicemust be mounted securely on the dashboard orplaced within easy reach of the driver, and in a position that does not obstruct the driver's view, according to Teryn.

"Taking a call is not necessarily considered distracted driving, assuming your focus remains on driving and you adhere to the rules," Teryn said.

For example, if the phone is placed on the passenger seat, taking a call using its speakers could be considered distracted driving.

But if the phone is connected to the vehicle's speakers through the in-car system, drivers may take the call as long as it does not require more than one touch.

However, these actions are subject to police interpretation, according to Nepomuceno.

If youneed to make or take an important call,send a text, or change directions onyour GPS using your hands,you'll have to pull overand put the car in park, hesays.

What are the consequences of distracted driving?

Distracted driving contributes to 77 fatalities in B.C. each year, ICBC says.

Drivers caught are fined$368 andfour penalty pointsare added to theirdriving record, meaning they will likely paymore in insurance premiums.

If you have four or more points at the end of a 12-month period, you pay a driver penalty point premiumthat ranges from $214 to $29,376.

If you get more than one distracted-driving ticket in a three-year period, you might also be subject to a driver risk premium, which, depending on the offence, could cost hundreds more dollars.

Drivers with an L or an N license could also be prohibited from driving for up to eight months.