Tickets For Drivers Using Cell Phones
Motorists caught using cell phones or other distracting electronic devices are now liable to be ticketed, and face fines of up to $1,000 for a third offense.
With the passing of the Traffic Offences (Penalties) Amendment Act 2011 – it is now an offence for the operator of any vehicle to use a hand-held mobile phone, a hand-held entertainment device or any other hand held device while operating the vehicle.
It is also an offence for the vehicle to have a television or any other display screen that is visible to the driver. Cell phones stuck in helmets are also an offence.
For first offences fines can be levied up to $500, second offences within two years impose fines up to $750 and a third offense within two years can include a fine up to $1,000 or six months off the road or both.
Magistrates also have discretion to order six month driving bans for first and second offences and up to 18 months for a third offense. Points will also be deducted from a driver’s license.
Transport Minister Derrick Burgess said: “This amendment has now been passed by the lower and upper houses and the Governor has signed it into law. Motorists have been warned – do not drive whilst using a cell phone or other electronic devices such as a display screen or you are liable to be ticketed and fined in court.”
Minister Burgess said there is scientific proof that using a cell phone whilst driving was equivalent to driving under the influence of alcohol.
The Minister added: “It has been well established that distracted drivers are more prone to have traffic accidents when their attention is diverted away from controlling their vehicle. As Bermuda’s roads get busier, this factor has become more acute and can have a negative impact on public safety.
“It is quite common these days to see drivers and riders talking on cell phones and even texting while driving on our roads. Clearly, measures need to be taken to stop this dangerous practice and these offences and harsh penalties are designed to accomplish this.”
The amendments to the Act will not impact taxi drivers using GPS systems or collision avoidance systems.
I agree.. Let’s hope that the drivers of the GP & police cars adhere to this new law!!!
I’m playing Devil’s Advocate a bit here, but I can see some obvious reasons for police officers to be exempted from this law.
It doesn’t matter. The Law is the Law and being in a position to uphold it doesn’t mean you are allowed to break it! You should lead by example and should be held liable as well as the rest of us. Every individual needs to be held accountable despite your position or career!
Stupid! So thta means if guns are outlawed, LE can’t carry them?
… DA has a point…
DA do explain why you think the previous comment is stupid..why would Policeman need their cell phone whilst at work or let alone be talking on them when they are drivng..if there is an emrgency and they are needed dispatch sends it over the radio…no cell phone needed for that…and IF their cell phones are needed than they can get an earpiece like everyone else….yes they need to lead by example and for you to compare cellphone use whilst driving (what the article is actually about) with the carrying of guns (off topic) than that is like comparing apples and oranges…No cell phone use whilst driving should adhere to ALL members of the community!! an accident can happen with anyone do you think an ‘accident” can distinguish between a civilian on their phone or LE on their phone? I don’t think so..It is a diistraction and ANYONE; be they LE, grocer, fireman, clergyman, gas stationa attendent can be ditracted so therefore the new ruling should apply to ALL
You don’t know any cops do you? If you did, then you wouldn’t say what you said above. You obviously don’t know cops in Bermuda.
Police carry guns to help protect the safety of the law abiding public. Hence, they should not be on the phone while driving to protect the safety of the law abiding public! They have Radio’s for work communications which are already equipped to be used hands free, Use them for WORK business not the cell phone. So if a Cop or an MP in a GP car; driving while on a cell phone run over your son or daughter remember you position on this issue!
No exemptions……the law is the law!!
The BPS claim they have a modern/state of the art radio system, which if works as advertised,eliminates the need for their using cell phones for job related matters!
Yea , i agree 110%
The police need their cell phones!! As long as it is being used for the job!
And what happens when I have a business call
Pull over..???
Then they need the hands free devices.
Just imagine if the police had to adhere to the speed limit! Use ya common sense. The police would have to be exempt from many laws. How else would they catch criminals?
I’m sure that you have seen the police on their phones and not on their radios.. Yes I know that they have job phones.. however they can use a handsfree device…
I was just about to say that cause i have seen lots of police officers use their phones while driving so they need to led by example and follow the law too.
Does this include people on bikes listening to music with headphones?
So why call out the Roxxi Girl in the Gold car when most people do it.
yes, it impares hearing much like having a cell in your helmet does. you’ll be prevented from hearing traffic coming to the side of you and can have a serious accident.
I see that Roxy girl with that Gold car driving n talking on her phone coming into town. Maybe she need to set an example. Daaaaaaa!! Next time i see her i will take a picture and post it.
for some reason i thought this law was already enforced
I smh, I thought this law went into effect a while ago. I’ll believe it when I see it.
This is an interesting amendment… I wonder if cars being brought into the island with display screens for GPS and radio/cd player as stock features will be exempted; and if they are how is this different from cars that have screens installed for the same purpose? Additionally, if screens in new cars will be fined then have the auto-dealers on island been banned from bringing in those models of car? Something is telling me no to the last point.
What happens to the taxi drivers that have to look at their screens for the GPS
“The amendments to the Act will not impact taxi drivers using GPS systems or collision avoidance systems.” Its in the story…
Well,well lets hope Mr DaSilva starts with his boys and girls. On the real though is there a driving policy for ppl operating Gov’t owned vehicles. I am talking GP cars, W&E, Parks Dept, Police, Regiment ect. They need to have a policy in place as far as how these vehicles should be operated before trying to make money off the general public. Set the examples on your end first,oh don’t talk about the Road Safety Council bunch of hyp…..awww well.
And of course GP1 and for that sake every other GP car and every police office will of course feel this does not apply to them – just like the 35km/h speed limit. I see them on a daily basis breaking both the speed limits and talking on their cell phones
O yes and include Mr Taxi driver
The Premier sits in the back seat of GP1, and also she does not drive.
I am referring to her driver idiot
I personally am more distracted by my children arguing in the back seat than I am turning on my ipod.
‘it is now an offence for the operator of any vehicle to use a hand-held mobile phone, a hand-held entertainment device or any other hand held device while operating the vehicle.’
So how does this apply to truck drivers needing to contact their dispatchers or vs….
Does it mean actually holding a cell phone or can a handsfree device be used??
Also don’t radios have a display screen??
Just wondering!
it’s holding the phone to your ear while driving.. and using the phone while riding… Handsfree can be used..
I assume that but its not clearly stated. It says USING.
I think it needs a lot more clarification!
Just don’t talk, text or BB its dangerous and repeat offender should pay more.
Big deal. Another law that will not be enforced. *Yawn*
What if a police officer on his phone pulls me over for using my phone..Who writes the POlice tickets??
Police Officers are NOT allowed to use cellphones while on duty or driving. They have a very strict policy in place on this, and if they are caught they are disciplined. That has been in place for quite some time. What I find interesting is that taxi drivers (some of the worst offenders on our roads in my opinion) are still allowed to use GPS units. Well!!!!…..Just last week a white taxi almost cleaned out my coworker and myself as we crossed on the zebra crossing on Front Street near the Cenotaph. The taxi driver had his head down and was fiddling with something (I assume his GPS device or radio) and didn’t see us until the very last second. This is the same crosswalk where two people have been run down within the last year. My point is, anything can distract a driver which is why they have the due care law on the books. This law seems very silly and unneccessary…do we really have to copy everything the States does? People just need to be careful on the roads…if they’re not distracted by cellphones it’s going to be something else. You just can’t legislate everything…including common sense and common courtesy!!!
I agree 100% with you on that. Due care covers driving without attention. So if you are putting on lipstick, attending to children in the back seat, drinking your morning coffee that all comes under that category!!
……………if you are not driving with attention that is! So if you are driving, taking on phone attenting to kids, putting on lipstick, drinking coffee (not alkyhol) and have control of your vehicle then you are driving WITH due care and attention!!!
By the way, I agree with Same S*** Different Day…that girl they referred to in the gold car used to be on the Road Safety Council…..I assume that’s why she was pointed out to lead by example. She double parks a lot too….tsk tsk….
Just another law that easily targets the masses so that government can try and claw back what they OVERSPENT. Once again a quick fix to a long term problem.
PLP clean it up or get out.
Better Yet ….a new name for you PLEASE LEAVE PARLIAMENT.
Ya ya ya. Heard it all before. This amendment was supposed to be put in place a few years ago but was deferred, deferred then deferred some more. Now lets see if it is enforced? Not likely. Can cellphone use be the primary reason for a traffic stop or must it be combined with something else, most likley caused by cellphone use, like running a light, crossing center line or some other due care offence?
“It is also an offence for the vehicle to have a television or any other display screen that is visible to the driver.”
Has the Act clearly defined what is considered a “display screen”?
Just like the seats for kids. I see a lot of kids standing between the drivers seat and the front passengers seat. I hope lots of people get tickets for this offence? And they are putting another one one the table. Gosh. I do understand and welcome the cell phone law, I just hopoe they enforce it.
This so called law was supposed to be in place some time ago, are they re-inforcing it because of the recent accident in the states where the guy was texting? Now the Boys/girls in blue are gonna be real anxious to give tickets.
The legislation was drafted some time ago but as is now a typical occurrence with the PLP Government their lack of proper consultation beforehand combined with a general lack of sound legislative knowledge revealed deficiencies which in turn required the original effort to be shelved in favour of more important use of the House’s time – like selling off our limited land resources to non-Bermudians so non-Bermudian lenders could temporarily delay writing off/down their loans.
As the PLP are now desperately trying to stuff/pad their failure of a resume with a list of hollow achievements as we quickly approach election time, don’t be surprised if we see more legislation coming down the pipe that has signs of being rushed, ill-crafted or poorly conceived.
Hold on a second, here’s a perfect example of PLP legislation that was formed in the crucible of good intentions but turns out to be contradictory and will cost taxpayers millions to implement:
http://www.royalgazette.com/article/20111219/NEWS01/712199955/-1
PLP – Number 1 in the Number 2 business.
why r people so up in arms ?? its simple–>> first whats so important that u cant wait 10 mins?? the time it takes 2 get ALMOST everywhere in bermuda. second BLUETOOTH EARPIECE they been around since the 90′s i dont see what the problem is. what amazes me is the most repeat offenders are some of the worst drivers anyway whether they on the fone or not lol –>>>insert sexest comment here<<–
What is it with Bermudians & their cellphones? Really! You are not that important. Whatever it is can wait till you stop the car somewhere or, make the call before you go. Texting while driving is just utterly stupid. Recieving a call & talking while driving somehow is more distracting than talking to a passenger.
The LEO drivers have much more driver training than the rest of us. Getting a Bda drivers license does not take much skill. Driving here does not take much skill either but many drivers are at their tasking limits before they pick up a phone & put that into the mix.
First, cell phone usage while driving is not just a Bermudian problem. Its happening all over the world. especially in the U.S. were people are dying from getting into bad accidents for doing so. So check yourself on that comment.
Secondly, it does take skill to drive on this islands narrow and winding roads. Driving in the U.S. or anywhere else does not compare!
speak for yourself cause i have seen some police drivers who can hardly drive at all and i would like to pit my skills against theirs and yes i would be the winner some of the best drivers in bermuda have never even driven a popo car—- plus a cell phone stuck in the side of your helmet is not dangerous at all maybe putting it there and taking it out while riding is but if your put it there to carry on a conversation before you start to drive is as safe as no cell phone in your helmet at all
This is the Roxy girLl!
Let me clarify a few things 4 years ago when I was the RSO there was zero law in place related to the banning or illegal use of Cell Phones. That onlly came into effect last week. During those years we emphasized education and not engaging in stressful conversation, which is a leading cause of crashes. Since then the trends have changed which was the driving factor of similar universal legislation.
Thus I was operating within the parameters of the law.
Regarding the comment about double parking……..that I do but parking it is not. I often stop mid street to allow persons to cross the road where there is no pedestrian to provide them with courtesy which is often a road safety practice of the past.
I appreciate your comments and I encourage you to receive mines.
Merry Christmas
….p.s. every radio/cd player has a display screen of some sort! Even the old school radios with the knobs you have to twist to put on the desired station. This makes no sense. They should just ban radios period then. Because either way your taking your eyes off the road even for a second to switch a station. Not fair to penalase people who have newer technology radios.
Hand held – does not apply to radio display screens in cars or taxis as they are not held in your hand but in a fixed position. The Act does not mention fixe display screens in a vehicle as being banned – just the use of hand held devices – Read things three times, digest it, ask questions before you comment people.
Now if it is a hand held GPS device – of course it is banned.
Ok – let me Reply to myself – I had a good look at the act and by far Regulation 45 makes absolutely no sense. My car has two display screens – one for the radio and the other for heating – my car is computerized – my car has been on the road prior to this Act being made effective. Now considering all that – my car is essentially a form of a ‘computer’ – so to speak – they need to work on Regulation 45 – you can’t give the Taxi drivers preferential treatment – suppose I also need a GPS screen in my car for work purposes. And most newer vehicles disable the dvd player while you are driving – so having a display screen in your car should not be a punishment – it is not illegal in the USA which is being used as a reference for this Act implementation.