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Can I be issued with a Fixed Penalty or fine for using my mobile phone whilst stationary at traffic lights?

The regulation speaks about not using your mobile phone whilst driving on a public road, except in situations where you have a device that allows the mobile phone to be attached to a part of the vehicle, or is capable of being used through the motor vehicle audio system. Furthermore, being stationary at a robot controlled intersection doesn’t imply that you are “parked” since the engine of the vehicle is still running. You are therefore considered to be driving the motor and can be issued with a fine.

Please take note of regulation 308 A of the National Road Traffic Act which regulates the use of a mobile phone.

Regulation 308A - Prohibition on use of communication device while driving
  • No person shall drive a vehicle on a public road
    1. while holding a cellular or mobile telephone or any other communication device in one or both hands or with any other part of the body;
    2. while using or operating a cellular or mobile telephone or other communication device unless such cellular or mobile telephone or other communication device is affixed to the vehicle or is part of the fixture in the vehicle and remains so affixed while being used or operated, or is specially adapted or designed to be affixed to the person of the driver as headgear, and is so used, to enable such driver to use or operate such telephone or communication device without holding it in the manner contemplated in paragraph (a), and remains so affixed while being used or operated.
  • Deleted 
  • For the purposes of this regulation
    1. the word “headgear” includes for the purposes of this regulation a device which is specially designed or adapted to allow the driver to use a cellular or mobile telephone or other communication device in such a manner that he or she does not hold it in one or both hands or with any other part of the body, and which is connected to the cellular or mobile telephone or other communication device concerned, directly or indirectly, while being fitted to or attached to one or both ears of the driver; and 
    2. the phrases “cellular or mobile telephone or any other communication device” and “cellular or mobile telephone or other communication device”, excludes land mobile radio transmission and reception equipment operating in the frequency band 2 megahertz to 500 megahertz that is affixed to the vehicle or is part of the fixture in the vehicle.  

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