22A. Use of mobile communication device when driving or riding on public path

Amended

Last amended by an amending law of 2020.

(1)

Subject to this Act, the driver or rider of a vehicle must not hold in his or her hand a mobile communication device and operate any of its communication or other functions, when the vehicle is moving on a public path.

(2)

A driver or rider of a vehicle who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the driver or rider is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

(3)

To avoid doubt, subsection (1) does not apply —

(a)

to a vehicle or motor vehicle when it is driving itself; or

(b)

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.

(4)

In this section —

“communication function” means —

(a)

sending or receiving audio phone calls, text messages, video calls, video messages, written messages or images;

(b)

sending or receiving electronic documents; or

(c)

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 communication function.