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Frequently Asked Questions (FAQ) On Handphone Driving?
Background
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; while his other hand is holding the steering wheel and
(c) the driver is communicating with any person with that handphone.
[Para 2(b) : If the driver is not holding on to the steering wheel at all, he can be charged for reckless or dangerous driving.
Upon conviction, first-time offenders can be fined up to S$3000/-, or jailed for a term up to 12 months, or both. Repeat offenders are liable for a maximum fine of S$5000/-, or to imprisonment for a term up to 2 years, or both. In addition, they may also be disqualified from holding or obtaining a driving licence.]
[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 1. Why did Traffic Police enforce against handphone driving?
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.
2. What constitute handphone driving?
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.
3. What is Traffic Police's advice to motorists with handphones in their cars?
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.
4. What are the penalties for handphone driving?
A first-timer convicted of handphone driving shall be liable to a fine of up to $1000/- ,or jailed for not more than 6 months, or both. The offender may also be disqualified from driving. In the event that the offender is not disqualified from driving, he will be given 12 demerit points. If convicted, a second-time or subsequent offender shall be liable to a maximum fine of $2000/-, or jailed for a term not exceeding 12 months, or both.
The offence may also be compounded with a composition amount of up to S$230/-. The offender will also be given 12 demerit points.The offender's handphone and SIM card may be seized to facilitate investigation. These may be forfeited by the court upon conviction.
5. Examples of Handphone Driving:
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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why i post this article?
a colleague of mine just kana. so, it does happen.
take care guys, drive safe.
z.
