As the line of cars pulls into the drive-thru, it’s quickly tempting to grab your phone for entertainment.
• Read more: He uses his McDonald’s app at the drive-thru to get a ticket
However, one Saskatchewan man learned the hard way that this can be an illegal activity.
When he tried to use an app on his smartphone to use his points to get free food, a police officer fined him $580.
However, in Quebec, the consequences for the same action would not have been significant.
After a similar case at Tim Hortons a few years ago, the regulations on distracted driving were changed.
It now allows drivers to use their cellphones for “contactless tolls or as proof of payment, proof of curbside collection, proof of right of access or any other proof of a similar nature. .
In an interview with LCN, Me Éric Lamontagne, a lawyer specializing in the defense of traffic crimes, explains, “It seems clear to me that we should use the word immobility at the moment of using the telephone.
According to the latter, only two locations in the drive-through order process are considered immobile.
“There are two places where we have to remain stationary within the meaning of this regulation, namely when our vehicle is parked in front of the panel where we have the menu. […] After that, when we resume operations, we run again when it’s time to pay,” he says.
So the use of the word “immovable” will lead to different interpretations by the courts, Me Lamontagne believes.
“One thing to understand is that the term ‘immobility’ used is appropriate, but not all the way you wait. For example, if someone is playing on their phone while moving forward in a waiting line, we understand that if a pedestrian walks between two vehicles, you have a responsibility. .
Watch the full interview in the video above.
