Use of mobile communication device while driving
65B.—(1)  A driver of a vehicle who holds in his or her 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.
[28/2014; 9/2020]
(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.
[9/2020]
(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.
[28/2014]
(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;
(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;
“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);
(b)an offence under section 65B as in force immediately before 1 February 2015; or
(c)an offence under section 65B as in force immediately before 1 August 2020,
on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence.
[28/2014; 9/2020]
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Last updated 22 Dec 2024
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