January 15, 2015
In the midst of Yukon’s crackdown on drivers who use their cellphone while driving, one man has found a legal loophole that could prove to make the territory’s law more difficult to enforce.
Yukon Judge Don Luther found that driving with a cellphone held between your ear and shoulder is perfectly legal. Yukon law allows for hands-free cellphone use, but the law does not define what ‘hands-free’ means. Provinces, like British Columbia and Ontario, specified what that term means in their legislation, and Luther says that Yukon should do the same.
On August 28th Ian Pumphrey got a phone call while driving, and proceeded to pull over, put his phone on speaker and hold it between his ear and shoulder. He then continued on his way. A few minutes later an RCMP officer issued Pumphrey a ticket when he was observed driving with his phone on his shoulder.
Pumphrey challenged the ticket and says that he never broke the law.
“It’s unfortunate, I try to be a law-abiding citizen, and you know the way the law reads you may use a cellular device in hands-free mode, and I mean I was clearly doing that when the officer pulled me over,” Pumphrey said.
Both Pumphrey and Luther hope that people will not take the ruling as an opportunity to drive in an unsafe manner or flout the law.
(Photo Source: CBC.ca)