Offences of holding or using a hand held mobile device while driving or in charge of a motor vehicle:

• 77B. 1 A person who, while driving or having charge of a private motor car, or a goods vehicle on any road, holds or uses a hand-held mobile device commits an offence and is liable on summary conviction to a fine of three thousand five hundred dollars and to imprisonment for three months.
• 2) person who, while driving or having charge of a public service vehicle, holds or uses a hand held mobile device commits an offence is liable on summary conviction to a fine of five thousand dollars and to imprisonment for one year.
• 3)A person who, while supervising the holder of a leaner’s driving permit, uses a hand-held mobile device commits an offence and is liable on summary conviction to a fine of one thousand five hundred dollars and to imprisonment for three months.)
• (4) A person who uses a wireless communication device to view, send or compose an electronic message while driving or having charge of a motor vehicle commits an offence and is liable on summary conviction to a fine of one thousand five hundred dollars and to imprisonment for three months.

Interpretation of key words that  constitute the offence

• “Driving” – Includes being in charge of a motor vehicle for the purpose of driving or riding at anytime when the motor vehicle is stationary on any road.
• “Having charge” – where the defendant is the owner or where they have recently driven the vehicle.
• “Affixed to” – in relation to a vehicle, includes forming part of the vehicle
• “use” in relation to a mobile device, includes

• Holding the mobile device to or near, the ear ( whether or not engaged in a phone call)
• Creating, sending or looking at a text or video message on the mobile device;
• Turning the mobile device on or off; and
• Operating any other function of the mobile device;
•  “ wireless  communication device” means a device used to transfer information over a distance without the use of electrical conductors or wires

• “interactive communications function” includes –
• Sending or receiving oral or written message;
• sending or receiving facsimile;
• Sending or receiving still or moving images, and
• providing access to the internet;
• “Mobile device” means a mobile telephone or any other device which performs and interactive communication function by transmitting and receiving data;

Instances in which the use of a hand-free mobile device is permitted

Subsections (1), (2)and (3) of section 77B shall not apply where:

• (a) a person driving a motor vehicle is using a mobile device in hand-free mode, or
• (b) the mobile device is being used to make or receive a phone call, and while being so used…
  • (i) is secured in a mounting affixed to the vehicle; or
  • (ii) is remotely operated by means of a device (whether connected to the mobile device by means of a wire or otherwise) is affixed to the motor vehicle, or worn by the driver in the manner intended by the manufacturer, and the mobile device is not being held by the driver.

(2) for the avoidance of doubt nothing in subsection

• (i) authorizes a person to use a mobile device by pressing any key on the mobile device, or by manipulating the body or screen of the mobile device, if the mobile device is not secured in a mounting affixed to the vehicle.

(3) For the purpose of this section, a mobile device is secured in a mounting affixed to the motor vehicle if-

(a) the mounting is commercially designed and manufactured for that purpose;

(3) For the purpose of this section, a  mobile device is secured in a mounting affixed to the motor vehicle if-

• (a) the mounting is commercially designed and manufactured for that purpose; and
• (b) the mobile device is affixed in the mounting affixed to the motor vehicle, in a manner intended by the manufacturer

Persons who are exempted by law

Section 77 D (1) subsections (1) (2 ) and (4) of subsection 77 B shall not apply to

(a) The driver of an ambulance, fire service vehicle or police service vehicle;

(b) Any other person or class of persons prescribed by the minister.

(c) A person holding or using a mobile device prescribed by the minister

(d) A person engaged in an activity prescribed by the minister

(e) Any other condition prescribed by the minister.

Exemption in terms of the vehicular use

• Section 77 B shall not apply where the motor vehicle is

(a) off the roadway or is lawfully parked on the road,

(b) not in  motion and

(c) not impeding traffic

Circumstances in which call can be made while driving.

• A person driving a motor vehicle is using a mobile device in hands-free mode
• (b) the mobile device being used to make or receive a phone call, and while being so used-
• (i) is secured in a mounting affixed to the vehicle; or
• (ii) is remotely operated by means of a device (whether connected to the mobile device by means of a wire or otherwise) is affixed to the motor vehicle, or worn by the driver in the manner intended by the manufacturer,
• And the mobile device is not being held by the driver.

(2)For the avoidance of doubt, nothing in subsection

(1) authorizes a person to use a mobile device by pressing a key on the mobile device, or by otherwise manipulating the body or screen of the mobile device, if the mobile device is not secured in a mounting affixed to the motor vehicle.

For the purpose of this section, a mobile device is secured in a mounting affixed to the motor vehicle if-

(a) the mounting is commercially designed and manufactured for that purpose;

(b) The mobile device is secured in the mounting, and the mounting is affixed to the motor vehicle, in the manner intended by the manufacturer.

Offences

(a)Holding the mobile device to or near, the ear (whether or not engaged in a phone call)

(b) Creating, sending or looking at a text or video message on the mobile device

(c) turning the mobile device on or off

(d) Operating any other function of the mobile device

Not Applicable to Motor Vehicle

• Off the road or is lawfully parked on the roadway;

(b) Not in motion;

(c) Not impeding traffic