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Using a phone while driving in B.C.: what counts as "use", what the fines are, and some traffic rules that are easy to get wrong

In short: In B.C., you do not have to hold a phone in your hand to break the law. Courts have found that a phone resting on your lap, or tucked between your thigh and the seat, counts as "holding" it. On the other hand, a court has also found that a phone that was simply in the car, which the driver did not touch or look at, did not count. If you are caught, the usual result is a $368 fine and 4 points, and you may later have to pay a separate ICBC premium as well.
This guide covers: what the law means by "using" a phone; why the courts decided four cases the way they did; the conditions a fully licensed driver must meet to use hands-free calling, navigation and music; why Learner (L) and Novice (N) drivers cannot use anything at all; when you can use a phone; "driving without due care and attention," which can lead to a ticket even when no phone is involved; how police spot drivers; how the money adds up after you get a ticket and where to dispute it; and, finally, a few rules about intersections, speed, yielding and winter tires that are easy to get wrong.

⚠️ This guide covers B.C. rules only. If you drive in another province or in the United States, check the rules there separately. This guide is not legal advice. The parts about court cases describe "how the court saw that case on the evidence in it." Your own situation depends on its facts; if you are not sure, talk to a lawyer (section 9 has the official way to look up a lawyer). CanDo Studio has no connection of any kind with ICBC or the police.
On this page

1. What the law means by "using" a phone

Which things count as "electronic devices." Section 214.1 of the Motor Vehicle Act starts by naming two: a hand-held cellphone (or another hand-held device with a telephone function), and a hand-held device that can send and receive email or text messages. Section 3 of the related Use of Electronic Devices While Driving Regulation (called "the regulation" below) adds several more: a device with a hands-free telephone function, a GPS navigation device, a hand-held device that can process data (such as a tablet), a hand-held audio player, a hand microphone used for two-way radio, and a television.

Which actions count as "using." Section 214.1 lists several. Doing any one of them is enough:

  • Holding: holding or supporting the device in a position where it can be used;
  • Operating: using any of its functions, such as tapping the screen or pressing a button;
  • Talking to someone with it: a phone call is an example;
  • Looking at the screen: section 2 of the regulation states that looking at the screen of an electronic device also counts as using it.

You cannot "use" a device while driving. Section 214.2: you must not use an electronic device while driving, and using one to send email or text messages is prohibited separately. The provincial government's information page also says that dialing a phone number by hand is treated as texting.

Waiting at a red light or sitting in traffic still counts as driving. ICBC states this clearly: when you are stopped at a red light or not moving in traffic, this law still applies.

Driving in a shopping centre parking lot counts too. The law covers driving on a "highway." Under section 1 of the Motor Vehicle Act, a "highway" includes private places open to the public for parking or servicing vehicles, such as shopping centre and supermarket parking lots. So driving through a parking lot while looking at your phone is also covered by this law. Using your phone after you have parked is a different matter; see section 6.

Some examples:

  • Glancing down at WeChat at a red light: looking at the screen counts as using it, and waiting at a light still counts as driving.
  • Your phone is in a mount playing a video, and you do not touch it, you only watch: looking at the screen counts as using it. Navigation is the only thing a fully licensed driver may watch (section 4); there is no exception for video.
  • Your phone is plugged in and charging on the passenger seat, and you never touch it: in the Rajani case, the Court of Appeal for British Columbia noted that the Crown itself accepted that "not touching the phone, only charging it" is not using it. The law also does not prohibit simply having a phone in the car (section 2 explains this in detail).
  • Holding your phone to plug in the charging cable while driving: a court has found that holding a phone to plug it in for charging is using it (the Jahani case, mentioned in paragraph 23 of the Antonio decision).

The penalties. ICBC's table of fines: using an electronic device while driving (section 214.2(1)) is a $368 fine and 4 points; emailing or texting while driving (section 214.2(2)) is also $368, and the provincial government's page states that it also carries 4 points. In ICBC's words, every distracted driving ticket is a $368 fine plus 4 points. This refers to tickets for using electronic devices while driving; "driving without due care and attention," which does not involve a phone, falls under a different section and carries 6 points (see section 7).

Motor Vehicle Act, Part 3.1 (sections 214.1 to 214.6)https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_06
Use of Electronic Devices While Driving Regulation, full texthttps://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/308_2009
Motor Vehicle Act, section 1 (definition of "highway")https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_01
ICBC table of fines and points for traffic offenceshttps://www.icbc.com/driver-licensing/tickets/fines-points-offences

2. Two older cases: neither phone was in the driver's hand, so why was one driver convicted and the other acquitted?

In both cases, what the officer saw was "a driver looking down while driving," yet the results were different.

The Rajani case (Court of Appeal for British Columbia, July 27, 2021, 2021 BCCA 292)

  • What happened (paragraph 2): An officer saw Mr. Rajani looking down while driving. Walking up to the car, the officer saw a phone, plugged into a cable, lying screen up on his lap. In traffic court, Mr. Rajani said the phone was wedged between his right thigh and the seat, screen up.
  • What went wrong at trial (paragraphs 2 to 4): The judicial justice at trial said it did not matter where the phone was, because it could distract the driver, and because it was charging, it counted as being used. The Supreme Court of British Columbia, the next court up, found both points were wrong, and the Crown also accepted they were wrong: the law does not prohibit "having" a phone in the car, it prohibits "using" one; and only charging a phone, without touching it, is not using it.
  • So why was he still convicted (paragraphs 11 to 17): The Court of Appeal said that "holding" in the law does not only mean holding with the hand. It means gripping, carrying or supporting the device with any part of the body, so that it is in a position where it can be used. The court gave three reasons: the law covers devices that are not only hand-held, such as GPS units and televisions; if "holding" only meant with the hand, drivers could drive with a phone on their lap, between their legs, under an arm or under the chin, which goes against the purpose of preventing distracted driving; and the dictionary meaning of "hold" already includes supporting something.
  • The result (paragraphs 17 and 18): Whether you go by the officer's account (on his lap) or Mr. Rajani's own account (between his thigh and the seat), the phone was supported by his leg in a position where it could be used. The conviction was upheld and the appeal was dismissed.

The Partridge case (Supreme Court of British Columbia, March 1, 2019, 2019 BCSC 360)

  • What happened (paragraph 2): Here too, an officer saw Mr. Partridge looking down while driving. After stopping the car, the officer saw a phone wedged in a gap in the passenger seat, with the screen facing the driver. On appeal, the Crown added that the phone's screen was not lit when the officer looked into the car.
  • What the trial decided (paragraphs 3 and 4): The judicial justice at trial said that a phone tucked into a gap in the seat was not "securely fixed to the motor vehicle" as the regulation requires, so it did not qualify for the hands-free exception, and found him guilty. The Supreme Court judge who heard the appeal said the trial focused only on whether the phone was properly fixed, and never answered the key question for this offence: did he actually "use" the phone?
  • Why the verdict was changed to not guilty (paragraphs 6 to 9): The officer never saw him touch the phone. The Crown also agreed that without some further action, such as touching the phone, it cannot be found that he was "using" it. Both lawyers agreed, and so did the judge: having a phone where the driver can see it is not enough on its own for a conviction; a lit screen that the driver may be using is a different situation. Without "use," a fact that had to be proved, the conviction was set aside and he was acquitted.

How the two cases differ. In the Rajani case, the phone was supported by the driver's leg. In the Partridge case, the phone was wedged in a gap in the passenger seat and not against the driver's body, the screen was not lit, and no one saw the driver touch it. Also note: the Court of Appeal for British Columbia is the highest court in the province. The Supreme Court of British Columbia has "Supreme" in its name, but it is actually one level below the Court of Appeal. The Rajani case was decided by the Court of Appeal, two years after the Partridge case.

What these two cases do not show. They only show how the courts saw the evidence in those two cases. They do not mean "a phone on the passenger seat is always fine." For example, if the screen is lit and an officer sees you reach over to tap it, those are different facts.

Rajani decision, full text (Courts of British Columbia website)https://www.bccourts.ca/jdb-txt/ca/21/02/2021BCCA0292.htm
Partridge decision, full text (Courts of British Columbia website)https://www.bccourts.ca/jdb-txt/sc/19/03/2019BCSC0360.htm

3. Two cases from 2024: "I only tapped once" and "I'm an N driver, and my phone was only connected by USB"

The Virda case (Supreme Court of British Columbia, December 18, 2024, 2024 BCSC 2410): one tap to accept an order is still against the law

  • What happened (paragraphs 2 and 4): While stopped at an intersection waiting for the light, Mr. Virda tapped the Uber Eats delivery app on his hand-held phone to accept an order. The officer said he saw him tap twice; Mr. Virda said he tapped only once, and that he had to tap within five seconds to get the order. He was using a delivery app, not the phone function.
  • The trial found him not guilty (paragraph 5): The judicial justice found that the law allows a driver to touch the device once, and acquitted him.
  • What the Supreme Court said on appeal (paragraphs 11, 13 and 14): The only place in the regulation that mentions "a single touch" is section 7, and what it says is that a hands-free phone may be touched once to make, answer or end a call. It is limited to those three things. It cannot be used to enter a number or scroll through contacts, let alone to tap other apps. Applying this section to a delivery app at trial was an error of law.
  • The result (paragraphs 3, 17 and 18): The judge said she believed Mr. Virda was working hard and trying to drive as safely as he could, but she could only decide according to the words of the law; she could not change the law for delivery and taxi drivers. The acquittal was set aside and he was convicted. The fine was set at the minimum the judge described, $295, with 6 months to pay (paragraphs 19 to 26).

If you deliver food or drive for a ride-hailing app, please note: accepting orders, checking addresses and replying to customers' messages must all wait until you have parked legally (section 6).

The Antonio case (Supreme Court of British Columbia, October 16, 2024, 2024 BCSC 2300): a phone in an N driver's car is not, by itself, against the law

  • What happened (paragraphs 6, 10 and 12): Mr. Antonio was an N driver. The officer said that while he was driving, his phone was in a bag on the passenger seat, connected to the car by a USB cable and playing a podcast. Mr. Antonio himself said the phone was stored in the centre console. The judicial justice at trial found that N drivers are not allowed to have a phone in the car at all, and convicted him.
  • The Crown also supported setting the conviction aside (paragraph 5).
  • What the Supreme Court said on appeal (paragraphs 19, 21 and 27): It is true that N drivers cannot use the regulation's exceptions for hands-free devices, navigation and so on. But nothing in the law says an N driver cannot carry a phone in the car; what is prohibited is "using" it. Even taking the officer's account in full, there was no evidence that he held it, operated it, had it against his body or looked at it.
  • The court also cited two other cases (paragraphs 24 and 25): One is the Bleau case, where a phone in a cup holder was playing a podcast; the court found this was not using it, because "operating" requires some kind of interaction between the driver and the phone. The other is the Sangret case, where the device was mounted on the dashboard and the driver did not hold, touch or use it; that was not using it either.
  • The result (paragraph 29): The conviction was set aside.

How to read these two cases. The Virda case says the "single touch" exception is limited to making, answering and ending calls on a hands-free phone. The Antonio case says that "having a phone in the car" is not itself against the law. Neither case says "N drivers can safely use a phone to play music"; the Antonio case was decided on the evidence in that case. For the rules for L and N drivers, see section 5.

4. Full licence: you can use hands-free calling, navigation and music, but each has conditions

This section is about drivers with a full licence, such as a regular Class 5. For L and N drivers, see section 5.

Hands-free calls: all four conditions must be met (section 7 of the regulation; provincial government information page):

  1. The phone must be secured. It must be securely fixed to the vehicle or securely worn on your body, and within reach of the driver's seat.
  2. It must not be mounted where it gets in the way. It must not block your view of the road ahead or to the sides, and must not interfere with the vehicle's safety equipment or controls.
  3. A single touch only. To make, answer or end a call, you may touch it only once; everything else must be done by voice. Dialing a number by hand is treated as texting.
  4. One earpiece only. And you must put it in before you start driving. People riding motorcycles are not subject to this condition.

The provincial government's information page also says that when these conditions are met, you may send messages by voice dictation.

What makes a phone "mount" legal. The regulation's words are "securely fixed to the motor vehicle": firmly attached to the vehicle so that it will not slide or fall while you drive. A phone casually left in a cup holder, on the dashboard or on your lap, or tucked into a gap in the seat, is not what this means. In the Partridge case above, the judicial justice at trial found that a phone tucked into a gap in the seat was not fixed to the vehicle.

Using a phone for navigation (sections 4 and 8 of the regulation; provincial government information page):

  • Set the route before you start driving, or set it by voice;
  • The phone must not be in your hand; it must be securely fixed to the vehicle, must not block your view ahead or to the sides, and must not interfere with the vehicle's safety equipment or controls;
  • If you need to change the destination on the way, park first and then change it (ICBC gives the same reminder).

If these conditions are met, watching navigation while driving is a use the regulation allows. But once you switch the same phone to WeChat, text messages or video, you are no longer within the navigation exception.

Listening to music or podcasts on your phone (section 10 of the regulation; provincial government information page; RCMP page):

  • The phone must not be in your hand; it must be fixed to the vehicle or securely worn on your body;
  • The sound must come through the vehicle's speakers;
  • You cannot wear earphones to listen to music while driving, not even one (the RCMP states this);
  • It is best to set up your playlist or podcast while parked (provincial government information page).

Screens in the vehicle. If a screen in the vehicle is showing TV or video, the driver must not be able to see it; screens that only show images and information that help with safe driving are not covered by this rule (section 11 of the regulation).

Phone projection such as CarPlay and Android Auto. We did not find any information from ICBC or the provincial government specifically about phone projection (not verified). Going by the sections above: hands-free calls and navigation on the car's screen follow the conditions for hands-free and navigation; for reading messages, watching videos or accepting delivery orders, we found no exception in the law. If you are not sure, park first and then deal with it.

Province of B.C. information page on using electronic devices while driving (conditions for each kind of device)https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk/distracted/electronic-devices

5. Learner (L) and Novice (N) drivers: no electronic devices at all

The legal basis. Section 214.41(2) of the Motor Vehicle Act states that the hands-free exception does not apply to a person driving under a Class 7 (N) or Class 7L (L) licence. Section 6 of the regulation also states that sections 7 to 10 of the regulation (hands-free devices, navigation, hand microphones, audio players) do not apply to Class 7 and 7L. In ICBC's words, L and N drivers cannot use any electronic device while driving, such as a phone or a GPS, for any purpose, and hands-free is not allowed either.

Age does not matter. This rule depends on the class of licence you hold, not on your age. As long as you still hold a Class 7 or 7L, it applies to you.

Comparison table (using an ordinary private car as an example):

SituationFull licence (such as Class 5)L and N drivers
Picking up the phone to read or reply to messages at a red light or in trafficNoNo
Hands-free callsYes, if you meet the four conditions in section 4No: not by Bluetooth, earphones or speaker
Navigation on a phone or the vehicle's GPSYes, if you set it before driving or by voice and the phone is securedNo, not even hands-free navigation
Listening to music or podcasts on a phoneYes, if the phone is secured and the sound comes through the vehicle's speakers; you cannot listen with earphonesThe regulation's audio player exception does not apply (see the note below)
Carrying a phone in the carYesYes; keep it put away and do not touch it (Antonio case, paragraph 21)
Using a phone after the vehicle is legally parkedYesYes
Calling 911 in an emergencyYesYes

What if an N driver wants to listen to music? The law does not specifically say whether N drivers may listen to the car radio. The section of the regulation that allows hand-held audio players (section 10) does not apply to N drivers. In the Antonio case above, the phone was in a bag connected by USB playing a podcast, and the driver did not touch or look at it, so the court found this was not using it; but that was decided on the evidence in that case. To be safe: set it up while parked before you leave, and do not touch or look at the phone at all while driving.

What about navigation? Memorize your route before you set off, or ask a passenger to read the map and tell you the way.

If you are caught (RoadSafetyBC page):

  • It is the same ticket plus 4 points, and hands-free use counts too;
  • Just one distracted driving offence means you are treated as a high-risk driver and reviewed for the Driver Improvement Program;
  • You may be prohibited from driving for 3 to 12 months. RoadSafetyBC's October 2026 policy guidelines (section 4.7) say that a new driver convicted of even one high-risk offence within two years may be prohibited for 3 to 12 months, and the list includes "use of an electronic device while driving" and "emailing or texting while driving" (see section 8 of No. 19). The Province's distracted driving page (last updated October 15, 2026) still says "1 to 6 months"; RoadSafetyBC's Driver Improvement Program page says adjudicators follow the policy guidelines when deciding. More offences can mean a longer prohibition. How long a prohibition actually lasts is set out in the notice RoadSafetyBC sends you.
  • If an N driver is prohibited from driving, the N period starts over from the beginning, and it may take up to 24 months before you can move up to the next stage.

In addition, since October 19, 2026, moving up from N also depends on your driving record: an excessive speeding conviction, an electronic device conviction, or a prohibition/suspension listed in the regulation interrupts the qualifying period (see section 8 of No. 19; for the conditions for moving up, see section 3 of No. 6). So even without a driving prohibition, one conviction for using a phone while driving interrupts that period.

L and N drivers also have a zero tolerance rule: while driving, they cannot have any alcohol, cocaine or THC (cannabis) in their body, and from October 19, 2026 this also applies to people who moved up to Class 5 and to some new residents who exchanged their licence (Drivers with Restriction 55). Even a small amount can lead to a 12-hour suspension, which cannot be reviewed; after that, under section 4.8 of the guidelines (the provision on alcohol and drugs, separate from section 4.7 on phones above), a single suspension on the record may lead to a further prohibition of 1 to 6 months; if you are prohibited, the N stage starts over. See section 6 of Guide No. 53.

→ No. 53 · Impaired driving and medications

Related: for other L and N restrictions (number of passengers, hours, how to upgrade), see No. 6, Driver licensing.

RoadSafetyBC, Driver Improvement Program Policies and Guidelines, October 2026 (section 4.7)https://www2.gov.bc.ca/assets/gov/driving-and-transportation/driving/roadsafetybc/publications/driver-improvement-policies-guidelines.pdf

6. When you can use a phone: once you have parked, or to call 911 in an emergency

Under section 214.4 of the Motor Vehicle Act, the ban in section 214.2 does not apply in the two situations below. These two situations apply to L and N drivers as well.

First, when the vehicle is parked. The law's wording covers two cases: the vehicle is safely parked off the roadway; or the vehicle is lawfully parked on the roadway and is not impeding traffic. The "roadway" is roughly the part of the road that vehicles normally travel on. For example, pulling into a parking lot or a gas station and parking, or parking in a roadside space where parking is allowed. Waiting at a red light does not count as parked, and stopping with your hazard lights on where parking is not allowed does not meet the condition of being "lawfully parked and not impeding traffic."

Second, to report an emergency. Calling or sending a message to police, fire or ambulance services to report an emergency, for example when you see a crash in which someone is hurt, or a fire. The provincial government's page says "calling 911 to report an emergency." The RCMP also reminds drivers that even when calling 911, you should find a place to pull over as soon as you can and then call. Calling home to say you will be late is not an emergency.

Related: for how to call 911 and what the call-taker will ask, see No. 20, Staying safe and getting help.

7. Not a phone, but you can still get a ticket: "driving without due care and attention"

Distraction is not only about phones. The RCMP says distracted driving also includes eating, drinking, reading, tending to passengers or pets, fiddling with gadgets in the car, and even picking your teeth or curling your hair while driving. The RCMP's example: you cannot hold a bowl of soup and drink from it while driving.

It falls under a different section of the law. In these situations, an officer can give you a ticket under section 144(1)(a) of the Motor Vehicle Act, "driving without due care and attention" (the table of fines in No. 19 lists it as "Careless driving"). ICBC's table of fines: $368 and 6 points, 2 points more than the phone offence.

An example. You look down to pick up something that fell by your feet, and the car drifts out of its lane. This is not phone use, but the officer can deal with it based on how you were actually driving.

When you get a ticket, check the section number first. The phone offence is section 214.2; driving without due care and attention is section 144. They are two different charges, and the points and what happens next are also different.

ICBC table of fines and points for traffic offenceshttps://www.icbc.com/driver-licensing/tickets/fines-points-offences

8. How police spot drivers, and what to say if you are pulled over

Someone may be watching from above. BC Highway Patrol (part of the RCMP) issued an enforcement notice for the Victoria Day long weekend on May 16, 2025. It said "spotters" would be placed at high points above the highway, using spotting scopes to look for high-risk driving, distracted driving and people not wearing seatbelts; there would also be roving patrols and unmarked police vehicles, with check stops throughout the Metro Vancouver region and all over Vancouver Island.

Figures for Vancouver Island. On October 8, 2026, BC Highway Patrol announced that during its distracted driving campaign in September 2026, it took 214 enforcement actions on Vancouver Island for using an electronic device while driving, compared with 76 in September 2025; across all BC Highway Patrol regions in the province, the total was 1,587, compared with 734 the year before. These figures include both warnings and tickets; warnings make up about 3%. These are BC Highway Patrol's own figures.

The fixed cameras at intersections do not catch phone use. On September 10, 2026, the Province of B.C. announced that ICBC is replacing the province's 140 intersection safety cameras in stages, with the work running until spring 2027. The announcement says these cameras catch red-light running, and 35 of them also catch speeding; tickets are mailed to the vehicle owner. The announcement does not mention phones. So do not assume that new cameras at an intersection will automatically photograph phone use and mail you a ticket; and do not assume no one is watching where there is no camera.

What to say if you are pulled over. First pull over and stop, and do what the officer asks. If your English is limited, you can say:

  • "Sorry, my English is limited. Could you please speak slowly?"
  • "Could you tell me which section this ticket is for?"
  • "I understand. Thank you."

What you say at the roadside may be used as evidence. The Provincial Court of British Columbia explains that at a hearing, the officer may tell the court what the officer believes you said at the roadside, as long as the officer proves you said it voluntarily. So be truthful at the roadside: do not casually admit something you did not do, and do not make up reasons. If you want to dispute the ticket, read it at home and follow section 9.

BC Highway Patrol figures for the September campaign (October 8, 2026)https://rcmp.ca/en/bc/bchp/news/2026/10/4357636
Province of B.C. announcement on replacing intersection cameras (September 10, 2026; also available in Simplified Chinese)https://news.gov.bc.ca/releases/2026AG0062-001053
Provincial Court of British Columbia, how a traffic court hearing workshttps://provincialcourt.bc.ca/navigating-court-case/traffic-ticket-bylaw/traffic-court-hearing

9. After you get a phone ticket: how the money adds up and how to dispute it

Guide No. 19 explains in detail how to read each box on a ticket, how to pay and how to dispute it. This section only covers the extra costs to work out for a phone ticket.

Step 1: check the section number. Section 214.2(1) is using an electronic device while driving, and section 214.2(2) is emailing or texting while driving; both are $368 and 4 points. Section 144(1)(a) is driving without due care and attention: $368 and 6 points.

Step 2: work out each amount.

  • The fine: $368. ICBC says that for most tickets, if you pay within 30 days you pay $25 less, that is, $343. But paying means admitting the offence, so if you want to dispute the ticket, do not pay yet.
  • Driver Penalty Point (DPP) premium: Each year, ICBC looks at the points you have added up in a 12-month assessment period; if you have more than 3 points, you have to pay. According to ICBC's table (rates as of January 1, 2022): 4 points cost $214 a year, 5 points $282, 6 points $367 and 8 points $636. Two phone tickets in the same assessment period make 8 points. Points stay on your driving record for 5 years, but you pay the premium only once for the same points.
  • Driver Risk Premium (DRP): You have to pay it if you have two or more convictions for using an electronic device while driving within three years. Each year, before your assessment date (usually your birthday), ICBC looks back at your record for the past three years. According to ICBC's table (rates as of October 1, 2021): two phone convictions cost $453, three $526, four $600 and five $685; the more convictions, the higher the amount. You get only one DRP bill a year, but one offence may affect your bills for several years.
  • If both premiums apply: ICBC charges only once a year, based on whichever is higher; the two are not added together.
  • You pay even without a car: DPP and DRP are both separate from vehicle insurance. Even if you do not own a car or have insurance, you will still be billed.

Working out the total. With just one phone ticket and no other points in the same assessment period: the $368 fine plus the $214 DPP comes to $582. If you pay the fine within 30 days, it is $343 plus $214, which comes to $557. This does not include any increase in your vehicle insurance itself; ICBC says frequent or serious offences may affect your premiums for collision coverage and extended third-party liability coverage.

Even with a full licence, two tickets in a year can lead to a driving prohibition. RoadSafetyBC says that experienced drivers (not L or N drivers) with two or more distracted driving convictions within 12 months are reviewed under the Driver Improvement Program and may be prohibited from driving for 3 to 12 months. L and N drivers are reviewed after just one (section 5). RoadSafetyBC's new October 2026 policy guidelines list drivers with Restriction 55 on their licence, meaning people who recently upgraded to Class 5 or got a Class 5 as a new resident, as a separate group: even one specified high-risk offence within one year may lead to a prohibition of 3 to 12 months; it does not take two (see section 8 of No. 19).

Step 3: if you want to dispute the ticket, watch the deadline.

  • Deadline: for a ticket handed to you in person, within 30 days after it is served (Offence Act, section 15(1)); for a ticket that was mailed and not served in person, within 45 days of the date the ticket was issued (section 15(2)).
  • Where to do it: if the ticket has the online dispute option printed on it and it only involves the Motor Vehicle Act and its regulations, you can dispute it online at tickets.gov.bc.ca. You can also book an appointment at an ICBC driver licensing office, or take the ticket to a Provincial Court registry in person; or you can mail it to the address on the back of the ticket. For questions, call the Violation Ticket Centre: 1-877-661-8026, or 604-660-4869 in the Lower Mainland.
  • If you need an interpreter: the Provincial Court of British Columbia says that if you need an interpreter, you should ask for one when you file your dispute. Say clearly which language you need, for example Mandarin or Cantonese.
  • Write down what happened as soon as you can: the lane, where the phone was, whether the screen was lit, who was in the car and what you did.
  • Ask the officer for the materials: the Provincial Court of British Columbia recommends that right after you file your dispute, you write to the officer who issued the ticket (the ticket should show the officer's name, number and unit address) and ask for all the materials about the stop: the officer's notes (if you cannot read them, you can ask for a typed copy), witness statements or summaries, a summary of what the officer says you said, and any video or audio recordings. Date your letter and keep a copy. If you get no reply, follow up, and bring these letters to the hearing to show the court that you asked for the materials but did not receive them.
  • At the hearing: the officer goes first and testifies under oath about what the officer saw and why the ticket was issued. You are presumed innocent, and the officer must prove the case "beyond a reasonable doubt." You can ask the officer and the officer's witnesses questions. Your own witnesses must come to court in person; a written letter usually does not count.

Watch out for scam text messages. ICBC states that it does not contact you by text message about tickets or fees. A text about an "unpaid ticket" is a scam; do not tap any links in it.

Do you need a lawyer? You do not have to hire a lawyer to dispute a phone ticket. If you want to hire one, first check the Law Society of British Columbia's lawyer directory to see whether the lawyer practises in B.C. and has any discipline history. The Law Society does not recommend lawyers itself; for how to find a lawyer, see its "Finding a lawyer" page.

Related: for how to read each box on a ticket, how to pay, how to dispute and the penalty point rules, see No. 19, Traffic tickets, disputes and penalty points.

ICBC table of fines and points for traffic offenceshttps://www.icbc.com/driver-licensing/tickets/fines-points-offences
ICBC, paying and disputing tickets ($25 less if paid within 30 days; scam text warning)https://www.icbc.com/driver-licensing/tickets/Paying-and-disputing-tickets
B.C. online traffic ticket systemhttps://tickets.gov.bc.ca/
Provincial Court of British Columbia, getting ready for a traffic ticket hearinghttps://provincialcourt.bc.ca/navigating-court-case/traffic-ticket-bylaw/getting-ready-traffic-ticket-and-bylaw-court
Provincial Court of British Columbia, how a traffic court hearing workshttps://provincialcourt.bc.ca/navigating-court-case/traffic-ticket-bylaw/traffic-court-hearing
Law Society of British Columbia lawyer directory (check practising status)https://www.lawsociety.bc.ca/lsbc/apps/lkup/directory/mbr-search.cfm
Law Society of British Columbia, "Finding a lawyer"https://www.lawsociety.bc.ca/working-with-lawyers/finding-a-lawyer/

10. A few intersection rules that are easy to get wrong

1. A flashing green light: usually a pedestrian has pressed the button

Chapter 6 of ICBC's driving guide says that a flashing green light at a crosswalk is a pedestrian-controlled light. If you see someone standing by this kind of crosswalk, they have most likely already pressed the button and the light is about to change, so slow down and be ready to stop.

Section 131(5) of the Motor Vehicle Act: facing a flashing green light, you must slow down to a speed at which you can stop, if necessary, before the light or a nearby crosswalk, and you must yield to pedestrians already lawfully in the crosswalk or the intersection. If you are turning left, you must also yield to vehicles coming from the opposite direction that are already in the intersection or so close that they are a hazard (section 174).

Fines: failing to yield at a flashing green light (section 131(5)(a)) is $167 and 2 points; failing to yield when turning left (section 174) is $167 and 2 points.

2. One situation where you can turn left on a red light

Section 129(4)(b): you may turn left on a red light if all of the following are true:

  • The intersection is where only two roads cross;
  • The road you are turning left onto is a one-way road, and its traffic flows in the direction you are turning;
  • There is no sign at the intersection prohibiting the turn;
  • You first come to a full stop before the near crosswalk; if there is no marked crosswalk, you stop before entering the intersection;
  • You yield to all pedestrians and vehicles that are lawfully proceeding under the traffic signal.

The section only requires the road you are turning onto to be one-way; it does not require the road you are coming from to be one-way as well. If any one of the conditions above is not met, wait for the green light. Fine: failing to yield when turning left on a red light (section 129(4)(b)) is $167 and 2 points.

3. When the car ahead stops for a pedestrian, the car behind cannot pass it

Section 179(1): where there are no traffic lights (or the lights are not working), if a pedestrian is crossing in a crosswalk and is on your half of the road, or is coming from the other half and is so close that they are a hazard, you must let them cross first.

A crosswalk may exist even without painted lines. Section 119 defines a "crosswalk" in two ways: one is marked by signs or lines on the road; the other is the area at an intersection that joins the edges of the sidewalks on both sides of the road (where there is a sidewalk on only one side, its edge is extended across). So at an intersection with sidewalks, that area counts as a crosswalk even if no lines are painted on the road.

Section 179(3): when the vehicle ahead slows down or stops at a crosswalk or intersection to let a pedestrian cross, a vehicle coming up from behind must not pass it. The pedestrian may be hidden by that vehicle, out of your sight. Fines: failing to yield to a pedestrian (section 179(1)) and passing a vehicle that has stopped for a pedestrian (section 179(3)) are each $167 and 3 points.

4. A school bus stopped with red lights flashing: traffic in both directions must stop

Section 149: when a vehicle marked as a school bus is stopped on the road, with a sign or signal lights showing that it is loading or unloading students, you must stop before reaching the school bus, whether you are following behind it or coming from the opposite direction; you may go only after the school bus moves off again or the school bus driver signals that you can go.

Chapter 6 of ICBC's driving guide puts it more plainly: when the red lights on top of a school bus are flashing alternately, traffic coming from the front and from behind must stop, in all lanes; when the driver turns off the red lights and folds in the stop sign, that is the signal that you can go. When a school bus is about to stop, it first flashes its yellow lights alternately. Fine: failing to stop for a school bus (section 149) is $368 and 3 points.

Motor Vehicle Act, Part 3 (sections 119, 129, 131, 149, 174 and 179)https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_05
ICBC driving guide, Chapter 6, "Sharing the road" (PDF)https://www.icbc.com/driver-licensing/Documents/drivers6.pdf
ICBC table of fines and points for traffic offenceshttps://www.icbc.com/driver-licensing/tickets/fines-points-offences

11. Speed and distance: watch the road signs, and the roadside too

1. 30 km/h in school zones and playground zones

  • School zones (section 147(1)): in a school zone with a 30 km/h sign, on regular school days from 8 a.m. to 5 p.m., you must not go faster than 30 km/h when approaching or passing the school. If the sign shows longer hours, follow the sign; and the longer hours cannot start later than 8 a.m. or end earlier than 5 p.m.
  • Playground zones (section 147(2)): in a children's playground zone with a 30 km/h sign, you must not go faster than 30 km/h from dawn to dusk. The section does not limit this to certain days of the week, so it applies on weekends and holidays too.
  • Fines: speeding in a school zone or playground zone is $196 to $253 and 3 points (depending on how far over the limit you were).

2. Passing pedestrians and cyclists: leave space based on the road's speed limit

Since June 3, 2024, section 157.1 of the Motor Vehicle Act and Division 48 of the Motor Vehicle Act Regulations have required that when you pass a pedestrian or cyclist, you must be able to pass safely and leave at least the following sideways distance:

SituationMinimum distance
The road's speed limit is 50 km/h or less1 m
The road's speed limit is more than 50 km/h1.5 m
The other person is on a sidewalk, or in a physically separated bike lane0.5 m
  • It is the posted limit that counts, not how fast you are going. For example, if the posted limit is 60 km/h and you have slowed to 35 km/h, you must still leave at least 1.5 m when you pass a cyclist.
  • Where the distance is measured from. From the part of your vehicle that sticks out the most (such as the side mirror) to the part of the other person that sticks out the most (such as the bicycle handlebars).
  • What "physically separated" means. The regulations describe a bike lane separated from traffic by things such as a ditch, planters, a wall or posts. The regulations do not say whether a lane marked only with a painted line, with no physical separation, counts; to be safe, leave the distances in the first two rows.
  • Not only cyclists. People riding horses, people in horse-drawn vehicles and people using certain personal mobility devices set out in the regulations are also protected by this rule (section 48.02 of the regulations).
  • How to make room. If it is safe and does not affect oncoming or nearby traffic, you may signal first and then cross a single or double yellow line to make room (section 157.1(3)). If you cannot pass, slow to the other person's speed and follow behind, and pass when it is safe to do so.
  • Fines (provincial government page): not leaving the required distance is $368 and 3 points; not taking proper care near pedestrians, cyclists and other "vulnerable road users" is $109 and 3 points; the maximum penalty is $2,000 and 6 months in jail.

3. A vehicle stopped at the roadside with lights flashing: slow down, and change lanes if you can

Section 47.02 of the Motor Vehicle Act Regulations and the provincial government's "Slow down, move over" page:

  • Which vehicles: official vehicles stopped on or beside the road with red, blue, white or yellow warning lights flashing, including police cars, fire trucks, ambulances, tow trucks, road maintenance and utility repair vehicles, garbage trucks and others. School buses are not covered by this rule; school buses follow the rules in section 10.
  • How slow: if the road's speed limit is 80 km/h or more, slow to no more than 70 km/h; if the limit is less than 80 km/h, slow to no more than 40 km/h; if the limit is already below 40 km/h, follow the posted limit.
  • Traffic in both directions must slow down. The regulation's words are "both directions." There is only one situation in which vehicles coming from the opposite direction do not have to follow this speed limit: the road has two or more marked lanes going in the same direction, or there is a median in the middle of the road.
  • Change lanes if you can: if you are in the lane next to that vehicle, or in the same lane where it is stopped, you must move to another lane if it is safe to do so, unless an officer directs otherwise.
  • Fine: $173 and 3 points.

4. Winter tires: required on designated routes by date

  • Designated routes have signs at the roadside. On most routes in the province, from October 1 to April 30 of the next year, winter tires or chains are required as the signs show; some highways that do not go through mountain passes or snowy areas require them only until March 31. If you drive an ordinary passenger vehicle, you need proper winter tires; chains are used together with winter tires.
  • Proper winter tires: a tread depth of at least 3.5 mm, and the tire marked "M+S" or with the "three-peaked mountain and snowflake" symbol. Four-wheel-drive and all-wheel-drive vehicles are no exception: there must be at least two matching winter tires on the drive axle. Summer tires do not qualify, and summer tires with chains cannot take the place of winter tires.
  • The Victoria area: the provincial government says the Lower Mainland (the Greater Vancouver area) and southeastern Vancouver Island have milder winters, and many coastal areas do not require winter tires; but routes such as the Malahat do. For which route requires them until which date, see No. 30 (link at the end of this section), or the provincial government's South Coast map.
  • The dates apply even on a sunny day with no snow. If you drive past a designated route sign without proper tires, an officer can turn you back, and you may also be fined.

Related: for which routes require winter tires and until which date, tread depth and fines, see No. 30, Winter tires in B.C. For what to watch out for when you take an Evo car share vehicle over the Malahat from Victoria, see No. 27, Evo car share and BCAA membership.

Motor Vehicle Act Regulations, Division 48 (minimum passing distance)https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/26_58_16
Motor Vehicle Act Regulations, Division 47 (official vehicles stopped at the roadside)https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/26_58_15

12. Checklist before you get in the car

  • Turn on Do Not Disturb, or put your phone in the closed glove box or centre console (ICBC's advice).
  • Full licence: if you need navigation, set the route before you start, and mount the phone in a holder that is securely fixed to the vehicle and does not block your view; wear only one earpiece, and put it in before you start; listen to music through the vehicle's speakers.
  • L and N drivers: put the phone away, and do not touch or look at it; memorize your route before you set off, or ask a passenger to give directions.
  • Need to reply to a message, change the destination or accept a delivery order on the way: first pull into a parking lot or a legal parking space and park.
  • In an emergency such as someone being hurt or a fire: you can call 911; pull over as soon as you can and then call.
  • If you get a ticket: check the section number first; if you want to dispute it, do not pay; for a ticket handed to you in person, file within 30 days; for a mailed ticket, within 45 days from the date it was issued; if you need an interpreter, ask when you file.
  • When you see a flashing green light at an intersection, a school bus with red lights flashing, or a vehicle at the roadside with lights flashing, slow down first.
  • Going over the Malahat or into the mountains in winter: first make sure your tires qualify, and check road conditions on DriveBC.
📮 Something missing? Tell us via the suggestion box at the bottom of the FAQ page. Related guides: No. 19 · Traffic tickets, disputes and penalty points | No. 6 · Driver licensing | No. 30 · Winter tires in B.C. | No. 20 · Staying safe and getting help | No. 27 · Evo car share and BCAA membership | No. 38 · ICBC no-fault crash claims | No. 53 · Impaired driving and medications.
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