Wed, 2006-08-23

To clarify some of the reports in the local media recently concerning Police officers ticketing drivers using cellular phones for driving without due care and attention:

It has been determined that the use of cellular telephones whilst operating a motor vehicle is not necessarily an offence on its own. It can be legitimately argued that it is a 'routine' activity, which does not constitute an offence under the Road Traffic Act, 1947. It is no different than smoking a cigarette, tuning a radio, drinking a soda, tending to children or speaking to passengers, etc.

Therefore, Police officers can issue tickets for the use of cellular telephones whilst driving only when there is evidence of driving misconduct e.g., encroaching into the opposite carriageway, braking sharply to avoid a collision and any other act committed by the driver which deviates from the normal standard expected of a reasonable, prudent and competent driver.

Section 37 of the Road Traffic Act, 1947 is the appropriate section for any offences relating to the above. Section 37 of the Road Traffic Act, 1947 states:

• Any person who drives a vehicle on a road without due care and attention commits an offence against this Act.
• Any person who drives a vehicle on a road without reasonable consideration of other persons using the road commits an offence against this Act.

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