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Marsh Lake, Yukon, man found a loophole in that territory’s ban on distracted driving that could make enforcing the law more difficult.
According to a
CBC News report, Yukon Judge Don Luther says it was not illegal for Ian Pumphrey to be driving with his phone lodged between his shoulder and his ear.
According to the judge, it may have been an oversight on the territorial government's part when it passed the law governing the use of electronic devices while driving.
Other jurisdictions, including British Columbia and Ontario, have specific language on exactly what hands-free use means.
Distracted driving has become the new ‘impaired driving’ for the impact it is having on accidents, injuries and death. Brokers have applauded the new distracted driving laws, and have urged law enforcement to take a hard line on such behaviours.
Greg Shields, a partner at Mitchell & Sandham in Toronto, Ont., told
Insurance Business that “we should crack down on all poor driving,” citing cell phones and distracted driving as one of the factors contributing to the problem.
The judge has recommended that the Yukon cabinet clarify the law through regulations.
Ian Pumphrey was given the ticket on Aug. 28 when he was observed to be driving with his phone on his shoulder.
According to Pumphrey’s testimony, he had received a phone call several minutes earlier, pulled over, put his phone on speaker, wedged it between his shoulder and ear, and then continued driving.
The judge ruled there was no indication it led to Pumphrey driving in a distracted manner.
The territory’s legislation that allows hands-free cellphone use while driving does not put any restrictions on what hands-free means. The judged stated that while the intent of the law is clear, it's not up to the courts to fill in gaps that could easily be filled by government regulations.
