Case Summary: R v Ahmed

Charges for distracted driving were widened in scope by including cell and smart phones in the definition of “hand held electronic” and “wireless electronic” devices in the Traffic Safety Act.

R v Ahmed, 2019 ABQB 13, per Henderson, J. [4302]

FACTS AND ISSUES:

The Respondent Ahmed, was holding a cell phone in his hand while operating a motor vehicle. He would alternate between looking at the road and his phone, and on this basis was stopped by a police officer and charged with “distracted driving” contrary to s 115.1(1)(b) of the Traffic Safety Act, RSA 2000, c T-6, Section 115.1 provides as follows:

115.1(1) Subject to this section and the regulations made under section 115.5, no individual shall drive or operate a vehicle on a highway while at the same time

holding, viewing or manipulating a cellular telephone, radio communication device or other communication device that is capable of receiving or transmitting telephone communication, electronic data, electronic mail or text messages, or holding, viewing or manipulating a hand held electronic device or a wireless electronic device. (2) An individual may drive or operate a vehicle on a highway while using a cellular telephone or radio communication device in hands free mode.

(3) Subsection (1)(a) does not apply to

the use of a 2 way radio communication device, only for the purposes set out in the regulation, by an individual driving or operating an escort, pilot or trail vehicle who is required by regulation under this Act to maintain 2 way radio communication, or the use of a cellular telephone or other communication device by that individual for those purposes when 2 way radio communication is not functional or is unavailable,

the use of a 2 way radio communication device, only for the purpose of maintaining communication with the individual's employer, by an individual driving or operating a vehicle who is required by the individual's employer to maintain 2 way radio communication while the individual is acting within the scope of the individual's employment, or the use of a cellular telephone or other communication device by that individual for that purpose when 2 way radio communication is not functional or is unavailable,

the use of a 2 way radio communication device, only for the purpose of participating in a search, rescue or emergency management situation, by an individual driving or operating a vehicle, or the use of a cellular telephone or other communication device by that individual for that purpose when 2 way radio communication is not functional or is unavailable, or

the use of a cellular telephone or other communication device, only for the purpose of contacting an emergency response unit, by an individual driving or operating a vehicle. (4) Subsection (1) does not apply to an individual driving or operating an emergency vehicle while the individual is acting within the scope of the individual's employment.

(5) Subsection (1) does not apply in respect of a vehicle that

is not on a highway, or is parked in a manner specified in a regulation under this...