Drivers holding phones while driving may be punished under proposed changes to road traffic law
If the Bill is passed, it will allow the traffic police to enforce the offence using photo or video evidence from the public.
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SINGAPORE: Drivers who hold on to their mobile phones while driving may soon be punished, even if they are not using the device.
"Today, making out an offence of using a mobile communication device while driving requires proof that the driver was operating any communicative or other functions of the device, such as texting or calling, while holding the device in his hand and driving the vehicle," said the Ministry of Home Affairs (MHA) on Tuesday (Jul 7).
"This means that the offence can only be enforced manually, as officers must verify that the driver was operating the device."
The Road Traffic (Miscellaneous Amendments) Bill, which was proposed in parliament on Tuesday, will remove the need to prove that the driver was using the device.
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Instead, it will be an offence as long as a driver holds a mobile communication device in their hand while the vehicle is moving.
A mobile communication device refers to a mobile phone, or any wireless handheld device or wearable device designed or capable of being used for communication. This includes tablets and smart watches.
"Drivers typically hold a mobile communication device with the intention to either operate or move the device. These activities could have been done safely, either at the start of the journey or when the vehicle had come to a complete stop during the journey," MHA said in response to CNA's queries.
"There is no reason for a driver to hold a handphone while the vehicle is in motion, at the risk of distracting the driver and endangering road users. And as such, it would be considered an offence."
Tapping on smart watches would not be an offence unless the driver is holding a smart watch in his or her hand instead of wearing it as intended by the manufacturer while driving.
If the Bill is passed, it will also allow the traffic police to enforce the offence using cameras or based on photos or videos submitted by members of the public. This will increase the detection of such offences, said MHA.
Currently, a photo showing a driver holding a mobile phone may not, on its own, be sufficient to establish that an offence had been committed, as the traffic police would need proof that the driver was using the device.
"This change will not affect the use of mounted devices, which will not be an offence. Drivers may also hold their devices while the vehicle is stationary," said MHA.
The Road Traffic Act was amended in 2014 to make it an offence to hold and use any type of mobile communication device while driving. The law was expanded to not just prohibit calling or texting, but also surfing the web, visiting social media platforms and downloading material.
In a written parliamentary reply in March this year, Minister for Home Affairs K Shanmugam said that about 2,800 motorists were issued summonses on average annually between 2021 and 2025 for using mobile communication devices while driving.
"Even if a driver uses a mounted device while driving, he or she may, depending on the facts of the case, be liable for the offence of driving without due care and attention or reasonable consideration, or for reckless or dangerous driving," he added.
Under the current law, a driver commits an offence if he or she holds a mobile communication device and uses any of its communicative or other functions while the vehicle is in motion. No proof of harm is required.
A first-time offender is liable to a fine of up to S$1,000 (US$770) or a jail term of up to six months, or both. A repeat offender can be fined up to S$2,000, jailed up to 12 months, or both.
The offence also carries 12 demerit points with a composition fine of S$400 for light vehicles and S$500 for heavy vehicles.
Offences committed in school zones, silver zones, or Friendly Zones Streets incur two additional demerit points and an additional S$100 fine.
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