Is it illegal to drive with a phone in the cup holder or in the centre console within view of the driver? My boyfriend always insists that it can’t be seen while we’re driving – even if it’s sitting on the wireless charging pad. He’s shown me a video from ICBC – at home, not while we’re driving – that says to keep it in the glove compartment. That seems a little extreme.
Andy, Victoria, B.C.
There’s no law that says cup holders are for double-doubles only.
Your phone doesn’t legally have to be stored out of sight, as long as you’re not using it, police said.
“Simply having the cellphone in the car isn’t enough,” said RCMP Corporal Mike Halskov, spokesman for B.C. Highway Patrol. “But if you’re watching the screen, that constitutes use – that means the screen is lit up and you’re looking at incoming text messages, watching a video or trying to read an article.”
Under the law in B.C., you’re using a phone if you’re holding it, touching it, using any of its functions or watching it. It’s a $368 fine and four demerit points.
“If you have your phone in a mounting bracket, you can use it [hands-free],” Halskov said. “But it’s supposed to be one touch only, it can’t be scrolling.”
Those rules have led to tickets for just having a phone sitting in a cup holder while connected to a charging cord.
Watching or glancing?
But judges in several B.C. cases ruled that you can’t get a ticket for having a phone sitting in a cup holder, console or on the passenger seat – as long as the phone’s screen isn’t lit up.
So, could you get a ticket if your phone is sitting in a cup holder but displaying GPS directions?
Yes, but it’s not clear whether it would hold up in a B.C. court, said Kyla Lee, a criminal lawyer in Vancouver.
“The definition of watching hasn’t been challenged in court,” Lee said. “The legislation refers to watching the screen – not just glancing at the screen to see what intersection you’re supposed to turn left at. I think the choice of that word is very intentional.”
So what about the rest of Canada? The rules vary by province. But generally, just having a phone sitting in a cup holder isn’t enough – you have to be using it.
“In Ontario, you could be proven guilty if it’s in your lap, but not if it’s in a cup holder – provided that the police can’t prove that you touched the device,” said Ian Collins, a criminal lawyer in Toronto. “The key point is: don’t touch the device.”
In Quebec, a court ruled that a driver broke the law when he looked down at a phone sitting in his cup holder to check GPS directions while he was stopped at a red light.
No phone, no ticket?
While you don’t legally have to keep your phone hidden from view, it’s a good way to make sure you won’t get a ticket, the RCMP’s Halskov said.
“If they see your phone in the cup holder, they might conclude that you were using it,” Halskov said. “If they can’t see your phone, you won’t get a ticket.”
Stowing your phone away might also keep you from being tempted to pick it up and check it, said the Insurance Corporation of British Columbia (ICBC), the province’s government-owned insurer.
“You’re five times more likely to crash if you’re using a hand-held phone while driving,” Lindsay Wilkins, ICBC spokeswoman, said in an e-mail. “If you find it difficult to take a break from your phone while driving, turn it to silent and keep it out of reach and out of sight.”
Have a driving question? Send it to globedrive@globeandmail.com and put ‘Driving Concerns’ in your subject line. Emails without the correct subject line may not be answered. Canada’s a big place, so let us know where you are so we can find the answer for your city and province.
Jason Tchir