ICBC called out for distracted driving video

It’s Distracted Driving Awareness Month in B.C., but the public auto insurer’s effort to get safety messaging out is drawing more criticism than learning.

While it’s since tried to clarify its intent, ICBC posted a tweet on Tuesday saying, “Watch this if you’re unsure about where you can and can’t put your phone while you’re driving.”

In the video, a member of ICBC’s road safety team explains where it is and is not allowed to keep your phone while in the car.

“You probably know that when you’re driving it’s against the law to have your phone in your hand, in your lap, or even on the seat beside you,” Harvey Kooner says in the footage.

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But it’s the last part that has many calling the insurer out. It’s not, in fact, illegal for you to keep your phone on the seat next to you — if you are not using it.

“Will @icbc clear the misinformation that having your phone on as passenger seat is legal?” one Twitter user writes.

“This is false information,” another said in response to the video.

Kyla Lee, a criminal lawyer in Vancouver, was among those to call ICBC out, urging the insurer to “stop spreading misinformation.”

“R. v. Partridge 2019 BCSC 360 clearly says it’s totally lawful to have it on the seat beside you,” she wrote in a tweet.

Hey @icbc stop spreading misinformation. R. v. Partridge 2019 BCSC 360 clearly says it’s totally lawful to have it on the seat beside you. https://t.co/gMOJz9wkjr

— Kyla Lee (@IRPlawyer) March 7, 2023

She also took to TikTok to explain the discrepancy.

“ICBC is currently running an ad on Twitter that actually misstates the law. I would know because I took the case to B.C. Supreme Court to get a ruling from the court specifically to indicate that it is lawful to have your phone sitting loose in your cupholder, loose in the car, on the passenger seat, so long as you’re not touching it or doing anything that’s defined as use within the Motor Vehicle Act,” Lee explained.

In an interview with CityNews, Lee notes the prohibition in the Motor Vehicle Act involves “actively using” your phone “and is connected to actions involving the phone.”

“Passively using the phone — having it sitting charging, having it loose in the vehicle, or even playing music through the speakers without touching the phone and without having it mounted does not violate the law,” she explained.

She says there have been cases where a driver has been ticketed for having their phone on the passenger seat that have made it to BC Supreme Court, including one she argued.

Despite legal clarifications having been made, Lee says it’s frustrating to see ICBC create videos with information that is not clear.

“When ICBC puts messaging out like this, not only does it misinform members of the public so that people who get incorrect tickets may end up pleading guilty on the basis of information ICBC gives them, it also misinforms police officers as to the state of the law. Anybody watching that video is going to come to an incorrect conclusion about what the law is in B.C. and could be prejudiced as a result of that.”

Former solicitor general ‘surprised’ by ICBC error

Kash Heed, currently a Richmond city councillor, says he was the person who initiated the legislation during his tenure as B.C. solicitor general.

He tells CityNews he was “very concerned with some of the interpretations, especially from some of the people that he worked with to create this legislation.”

“At the time I worked with ICBC, we came up with various strategies, various tools that we could utilize to ensure that we created safer streets in British Columbia,” Heed explained.

“I was very surprised that [ICBC] did not even know what the legislation actually said. You can have 10 phones in your car as long as you’re not holding them or not manipulating them more than once to either connect with a call or disconnect a call. I cannot believe that ICBC, who was key to putting this together when I was solicitor general, to make such a silly mistake.”

Heed stresses the dangers of distracted driving but adds what the law is needs to be communicated clearly with the public.

“When you have confusion that is generated from this mistake, it’s not helpful to anyone,” he added.

ICBC clarifies tweet

It appears ICBC has also recognized the gaffe in its tweet, clarifying in replies that “the video assumes a mobile device is in use.”

“We should have made that clearer! The key point here is that it’s safer to have a mobile device safely stored in the glove compartment, in the centre console, or securely mounted,” one reply reads.

Thanks for weighing in. The video assumes a mobile device is in use. We should have made that clearer! The key point here is that it’s safer to have a mobile device safely stored in the glove compartment, in the centre console or securely mounted. -VC

— ICBC (@icbc) March 7, 2023

“We should have made it clearer that the video assumes a mobile device is in use at the time,” a statement to CityNews confirms, with ICBC adding it is “updating the video to clarify that.”

“We apologize for any confusion it caused.”

While the educational video may not have been what the insurer intended, ICBC is still urging people to avoid distracted driving, noting the consequences it can have.

“The key point is that it’s safer to have a mobile device safely stored in the glove compartment, in the centre console or securely mounted,” ICBC’s statement to CityNews continues.

Later Wednesday afternoon, ICBC released an apology video via Twitter.

“We made an error in an earlier version of this video so we’ve corrected it. Thanks for pointing it out! Please accept our apologies for any confusion it may have caused,” the tweet reads.

We made an error in an earlier version of this video so we've corrected it. Thanks for pointing it out! Please accept our apologies for any confusion it may have caused. pic.twitter.com/LQV62Bp3xb

— ICBC (@icbc) March 8, 2023

The insurer has said distracted driving is a factor in nearly 40 per cent of police-reported car crash injuries in the province, contributing to about 77 deaths annually.

The penalties can also be severe. If you’re caught distracted driving, you could face a fine of $368, as well as four points on your driving record.