A DELIVERY driver has been slapped with a fine of $295 for distracted driving in a case that was appealed to the Supreme Court.
Uber Eats worker Vasu Virda was charged on July 31, 2024, for using an electronic device while stopped at a light – with a police officer spotting him tap the screen of his phone twice.
GettyA delivery driver has been hit with a hefty fine after being caught by a police officer tapping their phone twice[/caption] GettyThe Uber Eats worker was stopped at a red light at the time[/caption] GettyHe argues that he was only tapping the screen of his device once – to receive a delivery offer[/caption]Virda, however, maintains that he tapped only once, claiming that he received a delivery offer and tapped the screen to accept it.
As reported by Global News, Madam Justice W.A. Baker wrote: “I accept that he was doing his job and operating as safely as he could within the parameters of his job.
“However, I am required to uphold the law as it is written.
“Mr. Virda makes a number of submissions that the law is not fair to people like Uber Eats drivers and taxi drivers who require their devices as part of their jobs.
“However, I am not here to rewrite the legislation to include them. I am not able to do that, so I must apply the law as it is written.”
Previously, Virda had appealed the ticket in court and won; the judge in that case stated that a handheld electronic device may be touched once while driving a vehicle.
However, the police officer argued that the legislation only allowed one touch when answering a telephone call – not while using an app.
Crown appealed that ruling, arguing that “legislation and regulation only permit a person to use their device in certain circumstances, none of which is consistent with the use of an Uber app.”
Citing Section 7 of the Use of Electronic Devices While Driving Regulation, Baker stated that she agreed with the Crown, which permits a “user to touch the screen once, only when initiating, accepting, or ending a telephone call. It does not permit a user to touch the device once when using any other function.”
Baker added: “I agree with the Crown that the permitted single touch in operating a telephone call is a naturally limiting use.
“It does not permit a user to type in a phone number or scroll through their contacts, or do anything other than use a single touch to initiate, accept, or end a telephone call. In contrast, it is difficult to understand how a single-touch permitted use would operate in the context of typical apps on a personal smartphone.”
It was also stated that the previous judge did not hear submissions from either party before making their decision.
Baker said she is now satisfied that the evidence supports upholding the conviction and that she must apply the law as it is written.
Virda must now pay $295 in fines within the next six months.
Baker said that while the fine for using an electronic device is $320, Virda could have paid the reduced fine of $295 if he had paid the original ticket within 30 days.
Some critics have said the law needs to change, with Kyla Lee with Acumen Law stating: “The law says you are allowed one touch to end, accept, or initiate a phone call on your device, but you are not allowed one touch for any other purpose, including accepting an Uber Eats order, or for Uber Eats pickup or delivery.
“The problem with that is that these two actions are no more distracting than each other, but the government has seen fit to prohibit one of them without prohibiting the other and has provided no explanation why this should be the case.”
This comes as a driver was arrested after police caught him in a fake California Highway Patrol car, officers said.
The driver from Richmond, California was arrested on Wednesday morning on the Interstate 580 overpass in San Rafael, and booked into the Marin County Jail, after he was pulled over in a Chevrolet Camaro with large CHP logos on its sides.
His car was an older model the CHP used for its officers a decade ago, reported Nexstar-owned KRON4.
Officers became suspicious after not recognizing Connolly as belonging to the force and not being in uniform.
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