Distracted Driver Legislation – How it affects geocachers
On April 1st, 2011, New Brunswick will join the rest of the country with a new law that limits the use of electronic devices while in a vehicle. Specifically, the law is aimed at curbing the use of cellphone and GPS devices by drivers while a car is in motion.
The specific bill itself can be found here in PDF format (right click and choose Save As), courtesy of Moncton cacher GeorgeD. GeorgeD was also able to obtain a sort of interpretation of the new bill from someone will legal experience. Here’s the basic breakdown of what I have been able to discern based on GeorgeD’s provided details. I’ve included the information from GeorgeD’s legal contact below as well.
The new bill applies to any handheld electronic device such as a cell phone, or handheld GPS unit. They cannot be operated by the driver while a vehicle is in motion. So for those of us who have our GPS units in our hand while we drive, that is no more. Mounted GPS units are permissible but cannot be “operated” while the car is moving. So basically you mount the GPS, program it, and then go on your merry way without touching it. The bill itself specifically says it is permissible to look at a mounted unit for navigational information, you just can’t operate it.
So for those of us who use our handheld units in our car while driving, you cannot use the GPS unit while the car is in motion unless it is mounted. The key there is while in motion. The bill uses that term specifically indicating that if you need to adjust the GPS, you would need to stop the vehicle, and then make whatever adjustments as required.
This bill has been a long time coming and it is really more for folks who talk and text on their cell phones while driving. I can’t count the amount of people I have seen driving badly while talking on the phone. I’m not saying it’s the cause of all accidents but it surely doesn’t help.
For us cachers, your best bet is to get a car mount for your handheld GPS, or start loading caches onto both a handheld and car GPS, and use a combination of both when caching by car. It’s pretty easy to set up GSAK to send the same pocket query to your handheld and your car GPS. You can then use the car GPS to navigate to the general area, then park, and go on foot with your handheld.
Here is the information provided by the person with legal experience:
The way I understand this, is that you cannot use a portable hand held telephone-likeGPS (Garmin make lots) or a phone with Global Positioning enabled, but you “can”use one that is mounted (as per section 265.4, subsection (c) and 265.03 subsection(f) ) & I would take that to mean a fixed OR stick on mount. Programming thedevices while “operating” a vehicle is not allowed. Initially the amendment states“operating” can constitute a stationary or moving vehicle, however, the amendmentto Section 1’s definition of the term “operate”, provides an exception to part 1V.01“Use of devices whilst driving”, reducing the restriction on the term “ operate” , stating now that the vehicle must be “in motion” . Therefore it would appear you may lookat the display screen of GPS devices whilst operating a vehicle, providing the device is fixedand programmed only when the vehicle is not in motion.
In relation to the use of your two-way radios, it would appear that a lot of the time theway HAM uses the two way communication devices would not fall under either of theexceptions stated in section 265.03 , subsections (e) and (d), for “commercial purpose” or“search and rescue as prescribed by regulation”. Therefore, as the amendment currentlystands, would make it illegal for you in certain situations to use the equipment to benefit thehealth and safety of others, as you have highlighted examples of in your letter.
I think the exceptions need to be reviewed and amended. It must be considered that there aremany organisations and operators outside of the “Authorised Emergency vehicles” 265.042 (a), that use this equipment in a highly supportive and beneficial way for our communitiesand need to be allowed to continue to do so!
