An Uber Eats driver who was ticketed for tapping his cellphone to simply accept an order after which had his distracted driving acquittal overturned on enchantment needs B.C.’s site visitors legal guidelines amended to replicate the usage of know-how within the gig economic system.
Vasu Virda was stopped at a crimson gentle in Vancouver on July 31, 2024 when he tapped the display of his cellphone app to reply an order request, a supply provide he mentioned got here with a window of solely 5 seconds to simply accept.
A police officer caught Virda within the act and ticketed him underneath the Motor Car Act for utilizing an digital machine whereas driving.
“I believed that I used to be proper in that scenario,” Virda informed World Information from India, the place he’s at present on trip. “I used to be simply doing my job. I used to be not doing any sort of distraction or one thing like that and that’s why I began preventing the ticket.”
Virda disputed his $368 positive final September and gained.
The Crown appealed the provincial court docket ruling and in December, Virda’s acquittal was overturned in B.C. Supreme Court docket.
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“I used to be completely shocked for the second however I additionally understood her place as a result of she was simply doing her job and he or she was simply following the legislation,” mentioned Virda.
Beneath Part 7 of the Use of Digital Units Whereas Driving Regulation, a person can contact the display as soon as, solely when initiating, accepting, or ending a phone name.
In her judgment, Justice W.A. Baker accepted Virda was doing his job and working as safely as he may however acknowledged she was not in a position to rewrite the laws. “I’m required to uphold the legislation as it’s written,” acknowledged the B.C. Supreme Court docket decide.
“I felt like unfairly handled however not by the individuals, however by the legislation,” Virda informed World Information in an interview.
Virda, mentioned he understands legal guidelines are created for public security however believes they should even be in keeping with the usage of telephones in app-based work that extends past Uber Eats.
“It’s not simply me,” mentioned Virda. “Many individuals like Amazon, even Amazon courier service — everybody makes use of their cellphone proper as a result of they must, it’s a part of their job.”
Virda mentioned the laws must be up to date in response to the occasions.
“Not simply which is sensible on paper however which additionally is sensible in actuality,” he mentioned.
For the second time in per week, Public Security Minister Garry Begg was not obtainable for an interview on whether or not the province will think about amending its distracted driving legal guidelines.
However B.C. Premier David Eby mentioned Tuesday he’s joyful to take a look on the guidelines to ensure they’re in keeping with the obligations gig staff have.
“We’ve acquired to maintain individuals protected however acknowledge the fashionable nature of labor,” Eby informed World Information. “Pleased to take a look at these issues.”
World Information reached out to the United Meals and Business Staff Worldwide Union (UFCW) Canada, which represents Uber rideshare and supply staff throughout the nation, relating to the present laws however didn’t obtain a response.
At present, Virda mentioned it’s a catch-22 as a result of whereas Uber Eats has a inexperienced gentle to function within the province, it’s unlawful for drivers to open the app on the highway.
“One or the opposite is incorrect on this place and the people who find themselves affected by it are the drivers,” mentioned Virda.
Virda mentioned he misplaced as much as $800 in earnings as he missed work to efficiently problem his ticket in site visitors court docket after which needed to attend court docket once more to argue his case when the Crown appealed.
His distracted driving positive was diminished to $295 by Justice Baker.
© 2025 World Information, a division of Corus Leisure Inc.
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