The Motor Vehicle Act states that “[a] person must not use an electronic device while driving or operating a motor vehicle on a highway.” This is commonly referred to as a prohibition on distracted driving. For simplicity’s sake there are two key aspects to this offence. Firstly, an electronic device and secondly, that device being used. Use includes holding the device in a position in which it may be used.

Though legislation will outline an offence, the courts will end up clarifying the scope of the offence. Inevitably when a new offence is created various cases will allow the courts to comment on the elements of the offence and address factual scenarios which either support or fall short of proving the offence.