Road safety proponents have called for stronger enforcement against holding mobile phones or other communication devices while driving, even when the device is not being actively used, reported The Star.
Malaysia could consider adopting an approach similar to that of Singapore, which is proposing legislation to prohibit motorists from holding mobile phones or other communication devices while driving, even when they are not actively using them, said Universiti Putra Malaysia road safety research centre head associate professor Law Teik Hua.
This approach would remove the need to establish whether a device was actively being used, Law said. “Recent developments in Singapore’s road safety laws offer Malaysia an opportunity to examine similar measures, particularly those that make enforcement more straightforward,” he said.
“Unlike previous laws requiring officers to prove active mobile phone usage, drivers could potentially be charged solely for holding a communication device when the vehicle moves,” he continued.
The change in legislation would make enforcement simpler, while offering motorists greater clarity on prohibited behaviour. While Malaysian law already prohibits drivers from using mobile phones while operating a vehicle, enforcement could be challenging as authorities have to establish how a device was being used, Law said.
“A more encompassing regulation could involve the prohibition of holding any mobile phone or communication devices during vehicle operation,” Law said, adding that images or video footage captured could provide compelling evidence in such cases.
Meanwhile, Bukit Aman traffic investigation and enforcement department (JSPT) director Datuk Seri Muhammed Hasbullah Ali said that Malaysia already prohibits non-hands-free phone use while driving, under Rule 17A(1) of the Road Traffic Rules 1959.
Officers are not required to establish whether a motorist was calling or messaging, as Malaysian law already prohibits holding or operating a device while driving, Muhammed Hasbullah said.
The JSPT director also added that it is important to understand that under Malaysia’s enforcement framework, “using” a mobile phone did not necessarily require officers to prove that the driver was making a call or sending a message.
“Once the device is held or operated by hand while driving, it can already fall under the prohibited use under Rule 17A(1). The key issue is that the device was being used in a manner that required it to be held or operated by hand while driving,” he said.
This provision had been enforced in Malaysia for many years, and summonses have been issued to motorists found committing the offence, said the JSPT director. “We have long had provisions that essentially require communication devices to be used while driving in a hands-free manner,” he said.
Why driving only? How about riding?