65B.—(1) A driver of a vehicle who holds in his hand a mobile communication device and operates any of its communicative or other functions, while the 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.
[Act 9 of 2020 wef 01/08/2020]
(1A) To avoid doubt, subsection (1) does not apply to a mobile communication device that is a wearable device (such as a smart watch), when it is worn by the driver or rider in the manner intended by the manufacturer of the wearable device.
[Act 9 of 2020 wef 01/08/2020]
(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, audio phone calls or video calls;
[Act 9 of 2020 wef 01/08/2020]
(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” means —
(a)
a mobile phone; or
(b)
any wireless handheld device (such as a tablet computer) or wearable device (such as a smart watch) designed or capable of being used for a communicative function;
[Act 9 of 2020 wef 01/08/2020]
“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);
[Act 9 of 2020 wef 01/08/2020]
(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; or
[Act 9 of 2020 wef 01/08/2020]
(c)
an offence under section 65B as in force immediately before the date of commencement of section 28(3) of the Active Mobility (Amendment) Act 2020,
[Act 9 of 2020 wef 01/08/2020]
on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence.