The Saskatchewan RCMP has responded to what an official spokesperson described as “multiple inquiries” after a Saskatoon driver’s traffic ticket sparked a growing debate about the legalities of using your cellphone to access ordering apps at restaurant drive-thrus.
The incident in question took place on May 13 while Saskatoon resident Mason Prima, 18, was allegedly queued up in a Saskatoon McDonald’s drive-thru.
The motorist was issued a traffic ticket by an RCMP officer for what Prima claimed was a matter of using his cellphone to access the McDonald’s app when placing his order and claimed he was 10 feet from the order board.
Despite gaining notoriety across social media platforms, the Saskatchewan RCMP claims the incident did not, in fact, take place in the drive-thru at all.
On May 13, Prima was observed driving a vehicle on a public roadway while using a cellphone, which is contrary to Section 241.1(2) of the Traffic Safety Act. This took place prior to entering the McDonald’s premises.
A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with Prima, who then pulled into the nearby McDonald’s parking lot. Police are saying that it was here, in the parking lot itself, where the traffic violation was issued – and not while the individual was placing an order in the drive-thru.
Despite the position of the Saskatchewan RCMP, Prima is reportedly sticking to his story and continues to claim that he was lined up to place his order and, when he pulled up the app, he glanced in the rear-view mirror to find a police vehicle behind his car.
As fast food customers are routinely asked if they’re using points from their app while they order, the matter addresses a possible grey area regarding the legality of cellphone use while in your vehicle.
According to an official spokesperson, the only time police will issue a traffic ticket in a parking lot or drive-thru is in the event of stunting or a motorist clearly driving with undue care and attention. It is, therefore, legally permissible to use your phone to collect points while parked next to the drive-thru window in your vehicle.
“Saskatchewan RCMP does not have the legislative authority to issue a cell phone ticket in a parking lot,” an official RCMP statement confirmed.
“Remember, in Saskatchewan, using a hand-held cellphone while driving on a public roadway is prohibited for making or receiving phone calls, sending, receiving, or reading text messages and emails, surfing the internet, and using ‘push to talk’ technology.”
“Also,” the statement continued, “be mindful that other things such as eating/drinking, conversations with passengers, and pets can be distracting.”
According to SGI, distracted driving is the number one factor in collisions overall and one of the top three factors in fatal accidents. In response to this statement, the Saskatchewan RCMP is reminding motorists to always be mindful on the road no matter the setting.
The outcome of Prima’s case will be decided in court on July 31 in Saskatoon and, if convicted, Prima is facing a $580 fine and four demerit points on his license under the Safe Driver Recognition and Driver Improvement programs.
A spokesperson with the Saskatchewan RCMP made specific mention of the fact that its traffic services officers are not targeting drive-thru lineups and that there’s no current or projected campaign to ticket motorists in this setting.
