A Uber eats driver who received a ticket for tapping their phone to accept an order and then received their distracted driving The acquittal overturned on appeal calls for B.C.’s highway code to be amended to reflect the use of technology in the gig economy.
Vasu Virda was stopped at a red light in Vancouver on July 31, 2024 when he tapped the screen of his phone app to respond to an order request, a delivery offer that he said was accompanied by a delay of only five seconds to accept it.
A police officer caught Virda in the act and ticketed him under the Motor Vehicle Act for using an electronic device while driving.
“I thought I was right in this situation,” Virda told Global News from India, where he is currently on vacation. “I was just doing my job. I wasn’t doing any kind of distraction or anything like that and that’s why I started fighting the ticket.
Virda challenged his $368 fine last September and won.
The Crown appealed the provincial court’s decision, and in December Virda’s acquittal was overturned by the British Columbia Supreme Court.
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“I was totally shocked at the moment, but I also understood her position because she was just doing her job and she was just following the law,” Virda said.
Under Article 7 of the Regulation on the use of electronic devices while driving, a user can touch the screen once, only when initiating, accepting or ending a phone call.
In her judgment, Justice WA Baker acknowledged Virda was doing its job and operating as safely as possible, but acknowledged it was not in a position to rewrite the legislation. “I have to respect the law as it is written,” the British Columbia Supreme Court justice said.
“I felt unfairly treated, not by the people, but by the law,” Virda told Global News in an interview.
Virda, said he understands the laws are created for public safety, but believes they also need to be consistent with the use of phones in app-based work that extends beyond Uber Eats.
“It’s not just me,” Virda said. “A lot of people love Amazon, even the Amazon email service – everyone uses their phone properly because they have to, it’s part of their job.”
Virda said the legislation needs to be updated according to the times.
“It not only makes sense on paper, but also in reality,” he said.
For the second time in a week, Public Safety Minister Garry Begg was not available for an interview to determine whether the province would consider changing its distracted driving laws.
But British Columbia Premier David Eby said Tuesday he would be happy to review the rules to ensure they are consistent with gig workers’ obligations.
“We need to keep people safe while recognizing the modern nature of work,” Eby told Global News. “Happy to take a look at these things.”
Global News contacted the United Food and Commercial Workers International Union (UFCW) Canada, which represents Uber rideshare and delivery workers across the country, about the current legislation, but did not not received a response.
Currently, Virda says it’s a no-win situation because even though Uber Eats has the green light to operate in the province, it’s illegal for drivers to open the app on the road.
“One or the other is wrong in this position and those who suffer are the pilots,” Virda said.
Virda said he lost up to $800 in income by missing work to successfully contest his ticket in traffic court, then had to return to court to fight his case when the Crown appealed.
His fine for distracted driving was reduced to $295 by Judge Baker.
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