MHA clarifies: Eating, drinking & smoking while driving not offences, but can be if it results in accident

It could soon be an offence to hold a phone in your hand while driving, regardless of whether you are using it or not.

The Road Traffic (Miscellaneous Amendments) Bill, tabled in Parliament on Jul. 7, will remove the need for traffic police to prove that the phone was being used while held.

But what if you want to get a quick bite, take a sip of water, or light up a cigarette while on the road?

Will that be an offence?

Calibrated approach

Responding to Mothership's queries, the Ministry of Home Affairs (MHA) said it has taken a "calibrated approach" in the Bill's proposed amendments and "focused on the use of mobile communication devices while driving".

"That has been associated with a greater risk of driver distraction as compared to eating, drinking, or smoking," MHA explained.

The Road Traffic Act was first amended in 2014 to make it an offence to hold and use any type of mobile communication device while driving.

The law was expanded to include surfing the web, visiting social media platforms and downloading material and not just prohibiting calling or texting.

The Jul. 7 Bill will make it an offence for drivers to hold a mobile communication device while their vehicle is in motion.

Prove of usage will be removed under the Bill's proposed amendments.

A mobile communication device refers to a mobile phone, or any wireless handheld device or wearable device designed or capable of being used for communication, and includes tablets and smart watches.

Eyes on the road, hands on the wheel

However, MHA cautioned that motorists should "focus on operating their vehicle and avoid being distracted while driving".

The ministry said:

"While the acts of eating, drinking or smoking while driving are not offences in and of themselves, the driver may still be liable for offences such as driving without due care and attention or reasonable consideration, or reckless or dangerous driving, if such actions result in the driver driving carelessly or recklessly, or contribute to an accident."

Remaining fully focused on the road and maintaining proper control of their vehicle at all times is still the driver's responsibility, MHA emphasised.

Drivers should refrain from engaging in behaviour that "distract them" or "compromise the safety" of themselves and other road users.

AI videos?

The changes proposed in the Bill will also allow traffic police to enforce the offence using camera footage or photographic and video evidence submitted by the public, improving the detection of such offences.

In response to queries about the reliability and authenticity of photographic and videographic evidence submitted by the public in the age of artificial intelligence, MHA said the traffic police "considers all available evidence... and the facts of each case before determining whether an offence has been committed".

"Those who knowingly submit false information will be dealt with sternly in accordance with the law," it also said.

Penalites

While the Bill proposes to amend the law when it comes to holding a phone while driving, the penalties will remain unchanged for such an offence.

First-time offenders prosecuted in court face a maximum fine of S$1,000, up to six months' jail, or both.

Repeat offenders may be fined up to S$2,000, jailed for up to 12 months, or both.

Offences committed in school zones, silver zones, or Friendly Zones Streets incur two additional demerit points and an additional S$100 fine.

Under the current law, a driver commits an offence if he or she holds a mobile communication device and uses any of its communicative or other functions while the vehicle is in motion.

No proof of harm is required.

In response to previous media queries, MHA said, "There is no reason for a driver to hold a handphone while the vehicle is in motion, at the risk of distracting the driver and endangering road users. And as such, it would be considered an offence."

The Bill will be tabled for its second reading at the next Parliament sitting.

It will be put to a vote in Parliament following the third reading.