Automotive

Discussion Point: Cell phone use in drive-throughs...

  • Last Updated:
  • May 15th, 2019 5:02 pm
[OP]
Deal Guru
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Mar 23, 2008
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Edmonton

Discussion Point: Cell phone use in drive-throughs...

https://edmonton.citynews.ca/2019/05/11 ... es-surrey/

This is the second time I've heard of it, although the first time was "extenuating circumstances" (https://globalnews.ca/news/2373455/287- ... the-story/). Guy was getting a warning, got verbally abusive to the officer, so he got a ticket along with his double-double.

So merchants are providing more and more functionality on their apps (rewards, payments, etc), but if you get caught trying to use the app in the drive-through, it will spoil your lunch big-time.

Thoughts? I'm thinking there should be some leniency on this... Even if it means adjusting some traffic laws to make it happen.

C
Last edited by CNeufeld on May 15th, 2019 4:49 pm, edited 1 time in total.
6 replies
Deal Expert
Aug 22, 2011
35247 posts
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Center of Universe
HTA doesn't apply to private property.
Deal Expert
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Nov 15, 2004
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Toronto
Drive throughs are private property and as such not subject to the highway traffic act. Using a phone while in them is not a crime and any officer looking to charge you for it will get laughed out of court. This may be different in other provinces, but that's the situation in Ontario.
[OP]
Deal Guru
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Mar 23, 2008
11905 posts
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Edmonton
Interesting... Looks like all the provinces except Ontario have one set of rules, and Ontario has another...
https://www.theglobeandmail.com/globe-d ... le4216574/

From the article:
Ontario isn't just one of the exceptions; it's the only exception. The legal rules of the road apply on parking lots in every other province and territory in Canada.
Also
Some large shopping centres have made arrangements with their local governments so that the municipality classifies the shopping centre's main roads as a highway, in order for them to be covered by the HTA, and speed limits and road signs can be enforced, says Ontario's Ministry of Transportation.
So you may still want to be careful...

C
Sr. Member
Sep 25, 2018
659 posts
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According to the news BC traffic laws is different from Ontario's:
“Under the BC Motor Vehicle Act, parking lots and drive thrus are considered part of the road way, and are subject to enforcement of the BC Motor Vehicle Act which prohibits the use of electronic devices while driving,” reads another tweet by Surrey RCMP.
Deal Fanatic
Apr 5, 2016
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Calgary/Vancouver
The stupid thing was, the cops were doing a special community day where they were serving customers at the drive thru. Could almost say it's entrapment.

EDIT: It was for McHappy Day.
Current Fido and Rogers customer.
Ex Koodo customer.
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Aug 27, 2014
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Canuckland
Waste of resources, instantly thrown out in court EZ

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