Cellphones While Driving | K53

NO driver is permitted to use a hand-held communication device while driving. This includes a cellphone, microphone or other communication device, per the South African National Road Traffic Act.

  • You may use such a device ONLY IF it is NOT being held in your hand or with any other part of your body (e.g. it may NOT be gripped under your chin either).
  • Officials are NO LONGER exempted. They used to be in the past (if it was in the course of executing their official duties), but that exemption was removed from the Regulations a few years ago. So don’t let any traffic officer or metro police official try to tell you otherwise.

 

The wording of the official Regulations

308A. Prohibition on use of communication device while driving

(1) No person shall drive a vehicle on a public road—

(a) 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;

(b) while using or operating a cellular or mobile telephone or other communication device unless such a 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.

(2) . . . . . .

[Sub-r. (2) deleted by r. 67, GNR.1341 w.e.f. 25 September 2003.]

(3) For the purposes of this regulation—

(a) the word “headgear” includes for the purposes of this regulation a device which 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

(b) 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.

[Sub-r. (3) substituted by r. 3, GNR.761 w.e.f. 31 July 2000. Para. (b) substituted by r. 2, GNR.941 w.e.f. 22 September 2000.]

 photo use-of-cellphones-while-driving.gif

Above extracts from the legislation with permission from and acknowledgements to LexisNexis

 

308B. Prohibition on use of television receivers and visual display units in motor vehicles

(1) No person may operate on a public road a motor vehicle that has a television receiver or visual display unit in or on the vehicle operated while the vehicle is moving, or is stationary but not parked, if any part or portion of the image on the screen—

(a) is visible to the driver from the normal driving position; or

(b) is likely to distract the driver or other road users;

(2) The provisions of subregulation (1) do not apply to the driver if:

(a) driving a bus and the visual display unit is, or displays, a destination sign or other bus sign;

(b) the visual display unit is, or is part of, a driver’s navigational or intelligent driving aid; or

(c) driving a double deck bus having a TV monitor.

[R. 308B inserted by r. 24, GNR.9089 w.e.f. 27 May 2009.]

Acknowledgements: www.lexisnexis.co.za

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