Texting while on a private road in Alberta = FINE | GTAMotorcycle.com

Texting while on a private road in Alberta = FINE

Only problem with that assumption is that your driveway (or a parking lot) is not a "road, highway or thoroughfare". That is what I would be arguing in court if I received that BS ticket.
 
Silly me, but I guess I kind of agree with the cop. A buddy of mine got hit from behind while in the drive-thru. A driveway is completely different.
 
It seems in Alberta that anybody in care and control of a vehicle is subject to the cellphone law regardless of where they are, and that appears to extend to private property, at least in the situation where there's others around (a lineup of cars) where it could be a safety issue.

But yes, that's a stretch, and if that same cop is going to start ticketing people in their own driveways just because they're on their phone, well....I'd like to be in the courtroom for that trial as I suspect the judge would have some choice words for the officer.

Here in Ontario, AFAIK, the law doesn't extend to private property, aka parking lots etc. You're certainly safe in your own driveway.
 
PrivatePilot said:
It seems in Alberta that anybody in care and control of a vehicle is subject to the cellphone law regardless of where they are, and that appears to extend to private property, at least in the situation where there's others around (a lineup of cars) where it could be a safety issue.

But yes, that's a stretch, and if that same cop is going to start ticketing people in their own driveways just because they're on their phone, well....I'd like to be in the courtroom for that trial as I suspect the judge would have some choice words for the officer.

Here in Ontario, AFAIK, the law doesn't extend to private property, aka parking lots etc. You're certainly safe in your own driveway.
Click to expand...


The law in Alberta pertains to "highway" where the definition of a highway is much broader than in Ontario, and which can include private property roadways to which the general public is given access. This would exclude driveways for private dwellings or aprtments, but would include drive-throughs.

From the Alberta Traffic Safety Act:
"“highway” means any thoroughfare, street, road, trail,avenue, parkway, driveway, viaduct, lane, alley, square,bridge, causeway, trestleway or other place or any part ofany of them, whether publicly or privately owned, that thepublic is ordinarily entitled or permitted to use for thepassage or parking of vehicles"
 
Distracted driving is distracted driving.

Pull into a spot, put it in park and text away. It's not a hard concept

Watched a guy just this am rage in the Tim's drive thru then he had to honk 3 times at a delivery driver in front of him to move ahead.
 
How long are people's drive ways that they are caught driving and texting on them? I assume this is not about drive ways.
 
meme said:
Distracted driving is distracted driving.

Pull into a spot, put it in park and text away. It's not a hard concept

Watched a guy just this am rage in the Tim's drive thru then he had to honk 3 times at a delivery driver in front of him to move ahead.
Click to expand...

Its good to know that's allowed, I have been skeptical about doing that since I figured you might still be dinged by the cop as you are behind the wheel.
 
griff2 said:
The law in Alberta pertains to "highway" where the definition of a highway is much broader than in Ontario, and which can include private property roadways to which the general public is given access.
Click to expand...

Slippery slope in some regards, a good idea in others. I think the charge in this story is a bit overreaching honestly, but the guy might have got off with a warning vs a charge had he not been a dick right out of the gate as the story mentions.
 
Last edited:
I knew somebody (ontario) who got a no seatbelt ticket while driving in a mall plaza or condo driveway...cant remember now. But it was most definitely NOT a public road.

I also know someone who likes to go sit in his parked car and drink after having a fight at home. Cool off so to speak. Now if its winter time and need heat, so the engine's on... I imagine that would get a DUI, even if parked in the driveway of your own freakin house...
 
In Alberta, distracted driving rules apply to "private property" which grant access to the public, parking lots, etc, but it does NOT extend to a private driveway of your home. I see no issue with this if your in a parking lot where other users are you just as much of a danger as you are on a roadway.

As for the no seatbelt ticket on a private road in Ontario had the person contested the ticket it should have been won.

Now to the Impaired driving charge even in your own driveway it is a seperate but related charge. If your sittign in a vehicle with access to the keys while impaired, then your open to a charge of "care and control" over 80 mg. This applies even if your sitting in the backseat, with the keys in your pocket. The courts have ruled that you have the "ability" to operate the vehicle, and therefore the law applies. As for your private driveway it doesn't matter, your still committing the offence. This is a criminal not an HTA offence, which means it is not restricted to the definition of a highway as the HTA offences are.

EvilBeaver said:
I knew somebody (ontario) who got a no seatbelt ticket while driving in a mall plaza or condo driveway...cant remember now. But it was most definitely NOT a public road.

I also know someone who likes to go sit in his parked car and drink after having a fight at home. Cool off so to speak. Now if its winter time and need heat, so the engine's on... I imagine that would get a DUI, even if parked in the driveway of your own freakin house...
Click to expand...
 
Last edited:
EvilBeaver said:
I also know someone who likes to go sit in his parked car and drink after having a fight at home. Cool off so to speak. Now if its winter time and need heat, so the engine's on... I imagine that would get a DUI, even if parked in the driveway of your own freakin house...
Click to expand...

Yes, this is not new at all.

About 25 years ago my brother got an impaired on New Years Eve. The bar had closed, he had called for and was waiting for a taxi. It was a cold New Years so he jumped in his truck and started it to get some heat while waiting for the taxi and he got busted. The taxi even showed up while he was being arrested, but it didn't matter because he had care and control.

So he did the responsible thing -- he upped and moved to Vancouver. Their databases weren't linked at the time so he got his license there from scratch. Ten years later when he moved back to Ontario his previous DUI no longer mattered.
 
Don't forget, this didn't happen in Ontario, it happened in Alberta.
I have no idea what the law is in this regard in Wild Rose Country.
Some of the newspaper stories I have read seem to state that the driver was a real piece of work.
No doubt his level of obnoxiousness was a contributing factor.
 
Last edited:
The gentleman was texting on the public road and was observed by the officer, prior to him entering the Tim Hortons lineup. Like the driver, the officer decided to pull in for a coffee. The driver continued to text while moving forward in the lineup, which prompted the officer to confront the driver. The officer was prepared to issue a warning but verbal abuse by the driver prompted the officer to change his mind. I think the action was justified in this case. http://globalnews.ca/news/2373455/2...ive-thru-police-say-theres-more-to-the-story/

Whether or not the texting occurs on a private roadway, the fact that the vehicle was in motion and the driver's attention was diverted is the point. He could have rear ended the person in front. There would probably be no bodily injury but there could have been property damage. Does the speed of the driver matter in this case? The combination of texting and driving is still dangerous whenever and wherever it occurs in public and the behaviour must change. There is social abhorrence for drunk driving, why not distracted driving?
 
Last edited:
I'm advocating the installation of signal blockers built into cars , no phone data while the engine is running.
 
crankcall said:
I'm advocating the installation of signal blockers built into cars , no phone data while the engine is running.
Click to expand...

With WiFi and Mobile Hotspots being integrated into the cars themselves (i.e. GM), it's going in the opposite direction.
 
nfq said:
With WiFi and Mobile Hotspots being integrated into the cars themselves (i.e. GM), it's going in the opposite direction.
Click to expand...

I've been seeing that, and I can see the convenience and desirability . I have no idea how its supposed to make anything less distracting.

I used tailgate minivans at night to watch the video player through their back window.
 
EvilBeaver said:
I knew somebody (ontario) who got a no seatbelt ticket while driving in a mall plaza or condo driveway...cant remember now. But it was most definitely NOT a public road.
Click to expand...

hedo2002 said:
As for the no seatbelt ticket on a private road in Ontario had the person contested the ticket it should have been won.
Click to expand...

The problem about hearing it from a friend is that you don't have all the details. Condo lot, okay sure, that is private property. What many people don't realize is that in some mall parking lots, the road/outer circle of a mall parking lot MAY very well be public property where the lot itself isn't.

Example - https://www.google.ca/maps/place/CF...2!3m1!1s0x882b2c3742d00c31:0x6a9c24d5008c55d1
 
Last edited:
PrivatePilot said:
It seems in Alberta that anybody in care and control of a vehicle is subject to the cellphone law regardless of where they are, and that appears to extend to private property, at least in the situation where there's others around (a lineup of cars) where it could be a safety issue.

But yes, that's a stretch, and if that same cop is going to start ticketing people in their own driveways just because they're on their phone, well....I'd like to be in the courtroom for that trial as I suspect the judge would have some choice words for the officer.

Here in Ontario, AFAIK, the law doesn't extend to private property, aka parking lots etc. You're certainly safe in your own driveway.
Click to expand...

I personally would think a cell phone ticket is warranted dependent on what you are doing on that driveway, for example, backing out, one would hope you wouldn't be on your cellphone?!
 
You must log in or register to reply here.

Back
Top Bottom