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Handphone
driving is an inconsiderate and dangerous act that poses a threat to
other road-users. It distracts the drivers and reduces their ability to
control their vehicles and react to changes in road situations.
In
the late 1990s, with the proliferation of handphones in Singapore , a
corresponding increase in the number of drivers using their handphones
while driving was observed. This raised concerns among other road
users. The legislation prohibiting handphone driving (Section 65B of
RTA) was then introduced in 1999.
To
ensure that the legislation only applies to drivers who blatantly
disregard the safety of other road users by using their handphones
while driving, 3 conditions were stipulated. For the offence of
handphone driving to stand, ALL the following 3 conditions must be
fulfilled:
(a) the vehicle is in motion; and
(b) the driver is holding on to the handphone with one hand; and
(c) the driver is communicating with any person with that handphone.
[Para
2(c) includes making phone calls, paging for someone, receiving a call
by pressing the keypad, and reading, writing or sending SMS.]
The
purpose of setting the three conditions is to ensure that drivers who
have no intention to commit handphone driving will not be caught by
ambiguous rules. For example, a driver who simply holds a mobile phone
but is not using it to communicate while driving will not have
committed an offence of handphone driving . However , if by doing so,
the driver loses attention on the roads and fails to maintain proper
control of his vehicle, he will still have committed an offence of
driving without due care or reasonable consideration.
Similarly,
the spirit of the law is such that the driver who uses his handphone is
only a menace to other road users if his vehicle is moving. Hence,
drivers who use their handphones while their vehicles are stationary
will not be caught by this rule.
In
short, Traffic Police do not take action against motorists for
handphone driving simply because there is a handphone on the passenger
seat or beside the driver. Traffic Police will only take action when
our observations show that all the three conditions for the offence of
handphone driving are concurrently present.
Below
is a list of most commonly asked questions, along with the answers to
each of them, to facilitate public’s understanding on this matter. If
you require clarification, you may email us at SPF_Feedback_TP@spf.gov.sg
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| 1. |
Why did Traffic Police enforce against handphone driving?
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Handphone
driving is an inconsiderate and dangerous act that poses a threat to
other road-users. The act of using one hand to hold the handphone to
communicate while driving distracts the drivers and reduces their
ability to control their vehicles and react to changes in road
situations
In the late 90s, when the
use of handphones became popular in Singapore , we noted a
corresponding increase in the number of drivers using their handphones
while driving. This raised concerns among other road users. The
specific provision against handphone driving (Section 65B of RTA) was
then introduced in 1999.
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| 2. |
What constitute handphone driving?
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To
ensure that only drivers who blatantly disregard the safety of other
road users by using their mobile phone while driving, 3 clear
conditions were stipulated. For the offence of handphone driving to
stand, ALL the following 3 conditions must be fulfilled:
(a) the vehicle is in motion; and
(b) the driver is holding on to the handphone with one hand; and
(c) the driver is communicating with any person with that handphone.
[Para
2(c) includes making phone calls, paging for someone, receiving a call
by pressing the keypad, reading, writing or sending of SMS.]
The
purpose of setting the 3 conditions is to ensure that drivers who have
no intention to commit handphone driving will not be caught by
ambiguous rules. For example, a driver who simply holds a mobile phone
but is not using it to communicate while driving will not have
committed an offence of handphone driving. However if by doing so, the
driver loses attention on the roads and fails to maintain proper
control of his vehicle, he will still have committed an offence of
driving without due care or reasonable consideration.
Similarly,
the spirit of the law is such that the driver who uses his handphone is
only a menace to other road users if his vehicle is moving. As such,
drivers who use their handphone while the vehicle is stationary should
not be caught by this rule.
In short,
Traffic Police do not take action against motorists for handphone
driving simply because there is a handphone on the passenger seat or
beside the driver. Traffic Police will only take actions when our
observations show that all the three conditions for the offence of
handphone driving are concurrently present.
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| 3. |
What is Traffic Police’s advice to motorists with handphones in their cars?
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Because
of the seriousness of the offence, Traffic Police urges all handphone
users to make use of handsfree sets to answer their calls while
driving. [Note: The use of handsfree is permitted provided the driver
does not hold on to the handphone or the handsfree kit itself.]
Alternatively, motorists who wish to use their handphones could also
ask their passenger to make or receive a call on their behalf. If
travelling alone, motorists should drive to a carpark before making the
call.
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| 4. |
What are the penalties for handphone driving?
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With
effect from 1 July 2000 , all handphone driving offenders will be
prosecuted in court, regardless of whether the motorist is a
first-timer or repeat offender. A first-timer convicted of phone and
drive offence shall be liable to 12 demerit points and a maximum fine
of up to $1000/- or to imprisonment for a term not exceeding 6 months
or both. He/She may also be disqualified from driving. The offender’s
handphone and SIM card will be seized to facilitate investigation.
These may be forfeited by the court upon conviction.
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| 5. |
Examples of Handphone Driving:
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Scenario A (Paging for someone)
Page for someone, with or without earpiece, using one hand to hold on to the mobile phone while driving.
Scenario B (SMS/MMS message)
Writing, Sending, and Reading SMS/MMS messages from someone, with or
without earpiece, using one hand to hold on to the mobile phone while
driving.
Scenario C (Making a Call)
Making a call, with or without earpiece, by pressing the keypads and was holding handphone in one hand while driving.
Scenario D (Receiving a Call)
Receiving a call, with or without earpiece, by pressing the keypads and was holding handphone in one hand while driving.
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