Using a Cellphone while driving

It appears that you may be fined for talking on a hands free cell phone if the phone is not attached to the vehicle in some or other manner.

Source: I McLaren & Associates

It appears that you may be fined for talking on a hands free cell phone if the phone is not attached to the vehicle in some or other manner.

The National Road Traffic Act no. 32 of 1996 deals with the prohibition of use of a communication device while driving.

Section 1(a) of Regulation 308A states that: “No person shall drive a vehicle on a public road, while holding a cellular or mobile telephone or any other communication device in one or both hands or with any part of their body.”

Section 1(b) further states that: “No person shall drive a vehicle on a public road, while using or operating a cellular or mobile telephone or other communication device unless such cellular or mobile telephone or communicative 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 especially 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 a manner contemplated in paragraph (a) and remains so affixed while being used or operated.

It is obviously illegal to drive whilst holding your cellphone. However, it seems that it is even illegal to use a cellphone attached to a headpiece or Bluetooth device as long as the phone is not is affixed to the vehicle or is part of the fixture in the vehicle. It is also illegal to hold a mobile phone in your hand whilst driving regardless of whether you are attending to a call or not.

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