An Uber Eats driver who was ticketed for tapping his phone to accept an order and then had his distracted driving acquittal overturned on appeal wants B.C.’s traffic laws amended to reflect the use of technology in the gig economy.
Vasu Virda was stopped at a red light in Vancouver on July 31, 2024 when he tapped the screen of his phone app to answer an order request, a delivery offer he said came with a window of only five seconds to accept.
A police officer caught Virda in the act and ticketed him under the Motor Vehicle Act for using an electronic device while driving.
“I believed that I was right in that situation,” Virda told Global News from India, where he is currently on vacation. “I was just doing my job. I was not doing any kind of distraction or something like that and that’s why I started fighting the ticket.”
Virda disputed his $368 fine last September and won.
The Crown appealed the provincial court ruling and in December, Virda’s acquittal was overturned in B.C. Supreme Court.
“I was totally shocked for the moment but I also understood her position because she was just doing her job and she was just following the law,” said Virda.
Under Section 7 of the Use of Electronic Devices While Driving Regulation, a user can touch the screen once, only when initiating, accepting, or ending a telephone call.
In her judgment, Justice W.A. Baker accepted Virda was doing his job and operating as safely as he could but acknowledged she was not able to rewrite the legislation. “I am required to uphold the law as it is written,” stated the B.C. Supreme Court judge.
“I felt like unfairly treated but not by the people, but by the law,” Virda told Global News in an interview.
Virda, said he understands laws are created for public safety but believes they need to also be in line with the use of phones in app-based work that extends beyond Uber Eats.
“It’s not just me,” said Virda. “Many people like Amazon, even Amazon courier service — everyone uses their phone right because they have to, it’s part of their job.”
Virda said the legislation needs to be updated according to the times.
“Not just which makes sense on paper but which also makes sense in reality,” he said.
For the second time in a week, Public Safety Minister Garry Begg was not available for an interview on whether the province will consider amending its distracted driving laws.
But B.C. Premier David Eby said Tuesday he’s happy to have a look at the rules to make sure they’re in line with the obligations gig workers have.
“We’ve got to keep people safe but recognize the modern nature of work,” Eby told Global News. “Happy to have a look at those things.”
Global News reached out to the United Food and Commercial Workers International Union (UFCW) Canada, which represents Uber rideshare and delivery workers across the country, regarding the current legislation but did not receive a response.
Currently, Virda said it’s a catch-22 because while Uber Eats has a green light to operate in the province, it’s illegal for drivers to open the app on the road.
“One or the other is wrong in this position and the people who are suffering from it are the drivers,” said Virda.
Virda said he lost up to $800 in income as he missed work to successfully challenge his ticket in traffic court and then had to attend court again to argue his case when the Crown appealed.
His distracted driving fine was reduced to $295 by Justice Baker.