I did not think they could give you a ticket on private property
Technically, they cannot:
“No individual shall drive or operate a vehicle on a highway while at the same time (a) holding, viewing or manipulating a cellular telephone, radio communication device or other communication device that is capable of receiving or transmitting telephone communication, electronic data, electronic mail or text messages, or (b) holding, viewing or manipulating a hand-held electronic device or a wireless electronic device.”
(snagged from jamie's posted article out of laziness)
But, in this case, the "entire" story is that:
The Leduc Integrated Traffic Unit member who handed out the ticket saw the man driving and texting before he entered the drive-thru,
...and on that basis, yes, he can have a ticket.
The question will be: "is a Timmy's drive-thru lane considered a "highway" pursuant to Provincial interpretation. It is not a question of public or private, and this:
I'm surprised that they don't stake out people's driveways and ticket them there.
...is incorrect. A private driveway is not part of a provincial highway and one cannot be ticketed there.
Since drinking and driving is a criminal, and therefore Federal offence, there is no mention of a "highway" in the legislation.
Operation while impaired
253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
^^ Canadian statute, not Provincial. And notice how there is zero mention of the word "highway" or "roadway".
In Ontario, at least:
Hand-held devices prohibited
Wireless communication devices
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2.
Entertainment devices
(2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle. 2009, c. 4, s. 2.
Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2.
...
Same
(6) Subsections (1) and (2) do not apply if all of the following conditions are met:
1. The motor vehicle is off the roadway or is lawfully parked on the roadway.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic. 2009, c. 4, s. 2.
Those are the important parts - so if your vehicle is NOT in motion (which is ambiguous as to whether by activation of the brakes or actually in "park"), and you are off the road and not impeding traffic, you are allowed to use your phone.
