65B.—(1) A driver of a motor vehicle who uses a mobile communication device while the motor vehicle is in motion on a road or in a public place is guilty of an offence and is liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(2) Where a person who is convicted or found guilty of an offence under subsection (1) is a repeat offender, the person is liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
(3) In this section —
“communicative function” means any of the following functions:
(a)
sending or receiving oral or written messages;
(b)
sending or receiving electronic documents;
(c)
sending or receiving still or moving images;
(d)
sending or receiving audio or video files;
(e)
providing access to the Internet;
“mobile communication device” includes a mobile telephone and any hand‑held device which is designed or capable of being used for a communicative function;
“repeat offender”, in relation to an offence under subsection (1), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of —
(a)
an offence under subsection (1); or
(b)
an offence under section 65B as in force immediately before the date of commencement of section 14 of the Road Traffic (Amendment) Act 2014,
on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence;
“use”, in relation to a mobile communication device, means to hold it in at least one hand while operating any of its functions.