Police: ‘Strictly Enforcing’ New Rules

January 4, 2012

[Updated - 15 people ticketed this morning] The Bermuda Police Service will be “ramping up” their response and “strictly enforcing” the new legislation which allows for fines of up to $1,000 for using a cell phone or other hand held device while driving.

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.

Superintendent Martin Weekes speaks on police plans to enforce the legislation:

Speaking before the New Year’s holiday, Superintendent Weekes said, “We will be ramping up our response to the new legislation. We have already been enforcing the new legislation, however we are going to be ramping that up following the New Year’s holiday.

“And we are going to be strictly enforcing all of the offences that are in that new piece of legislation. The law is very clear the way its written that any use of hand held mobile phone or any other hand held devices whilst driving is an offence. And we will be ticketing for all those offences.”

Update 12.02pm: Between 7:30 am and 9:30am this morning, police officers ticketed 15 people for using hand-held mobile phones or other hand-held devices whilst driving, issued one ticket for an unfastened helmet and arrested two people for outstanding warrants.

A police spokesperson said, “The officers were located in areas where they were able to stop offending motorists with minimum inconvenience to other road users.

“The Bermuda Police Service would like to remind the motoring public that officers will continue to monitor the Island’s roads for any offences including the use of hand-held mobile phones or other hand-held devices whilst driving.”

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Comments (174)

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  1. Me says:

    Electronic Devices can cause accidents , but Really Bermuda. !!!

    You need to be worrying about many other MAJOR issues other then using a cell phone while driving.

    • Tommy Chong says:

      So road fatalities isn’t a MAJOR issue?

      • Hmmmm says:

        I agree Tommy!

        • Yup says:

          Agreed with you too Tommy. Accidents have happened in Bermuda due to morans texting and cell phone dialing, and looking for ringing cell phones while driving. This happening is worse than drinking & driving. And the lousy 15 the cops found is just the beginning. I saw loads of idiots on their stupid phones coming home from town today. And honestly WAS THE CONVERSATION THAT IMPORTANT THAT THEY HAAAAAAAD TO TAKE IT WHILE DRIVING??? Even doctors on call keep to their pagers.

          • Think About It says:

            Ok so you know for a fact that accidents in Bermuda are caused by people on their phones more than drinking and driving? Show me the statistic that shows this please.

            While I do disagree with texting and driving, I don’t think there is anything wrong with having your phone on speaker and talking to someone. It is NO different than talking to someone in the passenger seat.

          • Robert Wilkinson says:

            The camel has pushed more then his nose under the tent.
            His rump is on our Persian rug. Police state soon to be military state.
            Our Jack & Jenny A$$es have stripped us of most our freedoms. Talking while driving will be outlawed soon enough. What harm does a phone wedged in your helmet cause? What if you are simply listening to music on your device?
            Do the polic have to prov you were talking on the phone while driving? Do they have he right to go through our phones to verify the offence? Do we have the right to refuse to hand over our property? This law is another albatross around the public’s neck. I hear East Germany was like this.
            Take pics of misbehaving Politicians & cops and stick em on Facebook.

            • Hmmm says:

              Apparently it doesnt apply to officers operating a police vehicle according to MOTOR CAR (CONSTRUCTION, EQUIPMENT AND USE) AMENDMENT
              REGULATIONS 2010 – 46

      • Mussel Pie says:

        x2

    • The Hell says:

      Really Tommy Chong road fatalitys you name one road fatality caused by cell phone use. Just another money making scam by our government..

      • Yup says:

        There have been plenty of accidents in Bermuda caused by persons messing with their cell phones. Call the police and they will give you the gory details Mr. Smarty pants!!!!

        • Think About It says:

          Of course the police will say that it causes accidents moron!!! They want to enforce being able to take more money from the public. Unlike drinking and driving, proving someone was on a phone when an accident occurred is almost impossible for the police unless the person confesses.

          You people need to wake up and open your eyes to how this government really works and why they do what they do.

      • nelly boi says:

        well there was this one time when an english woman (hairdresser) killed a lil girl while on a cell phone.

  2. Road Safety Officer - D Minors says:

    @Bernews:

    For clarification, the first offence fine is $500 – not up to $500 – there is no discretionary powers in regards to the level of the fine, just the amount of time for disqualification (i.e 6 months, 12 months, etc, off the road). This stands for the second and third offence fines as well.

    RSO

    • Happy New Year? says:

      Dear Mr. RSO,

      Many of us still don’t feel that this law is clear enough:

      1. Can hands-free earbuds or bluetooth headsets be used, or bluetooth integration with car radio? (How is that any different from talking to someone in the passenger seat, or changing the station on the radio?)
      2. What about 2-way radios for businesses?
      3. I think this law should have focused more on people who hold phones or electronic devices in their hand while driving.

      Many things could be a distraction, but I think that the main objective of this law (other than another way for Govt. to make more money) is to help drivers to keep their eyes on the road, other drivers and pedestrians, and also to keep their hands free from anything besides operating the vehicle. I really like that idea, but I also like clarity.

      • @Happy New Year?

        You won’t get a response from the RSO on this blog – - I’m surprised he even posted the above statement in the first place. But here’s the law from online

        http://www.bermudalaws.bm/Laws/Annual%20Laws/2010/Statutory%20Instruments/Motor%20Car%20(Construction,%20Equipment%20and%20Use)%20Amendment%20Regulations%202010.pdf

        Yng Black Mind
        (those who know understand)

        • Happy New Year? says:

          Thank you very much for the clarity. I still feel like the law leaves room for the officer to determine whether you are using a hand-held device, even though it may NOT be held in your hand while you are using it, and so that could mean that even if you have a Bluetooth headset in your ear, to be prepared to give up $500 or more?

          Road safety vs. lack-of-clarity vs. revenue generation.

          • The legislation is very specific – - I’ve read it through several times to make sure I understand it as much as I can – lol.

            The Police will have to be very direct in regards to the tickets – - and I do not thik they will be giving tickets for bluetooth devices as they are deemed hands-free devices.

            Yng Black Mind
            (those who know understand)

            • Happy New Year? says:

              Very true, just one part caught my attention:

              “(3) For the purposes of this regulation—
              (a) a mobile telephone or device referred to in regulation 44(1) is to be treated as hand-held if it is, or needs to be, held in the hand at some point in order to operate it;”

              The “at some point in order to operate it” part.

            • recentlyticketed. says:

              It should be CLEAR as to what the law is. You shouldnt have to keep reading to understand it. It should be understandable and evident enough the first time. They have been giving tickets out for headsets by the way. I got mine two days after the legislation was passed.

        • recentlyticketed. says:

          That law is for Motor Cars only. What about Auxilary Cycles?

          Mr. Weekes states above in the video clip that hands-free devices are not mentioned in the legislation. Why then are people being ticketed for using headphones? Technically speaking, when the headphones are connected to the hand-held device, they become the master so the hand-held is no longer in use.

          You cannot pull from the Traffic Offences (Penalties) Amendment Act 2011; Amends Schedule 1 (a) Head 3, 30 word extract that headphones/ headsets may not be used while driving an auxilary cycle.

          @ Happy New Year,

          I agree 100 percent as the law is very vague and generalised. You simply cannot understand what the legislator is trying to imply.

          I will be pleading my case. :)

      • Rob says:

        Another Clarification needs to be made on the definition of operation of a vehicle.
        “The law is very clear the way its written that any use of hand held mobile phone or any other hand held devices whilst driving is an offence.”
        So if i was sending a quick text or answered a call while my vehicle was stationary in the morning traffic, that would mean I am not driving at that time. My vehicle would be considered standing as if I had pulled over to the side of the road to make a call. As long as I terminated the call or put the phone down prior to resuming forward motion in traffic. I bet people that were nabbed in front of the BDA College could debate this in their defense.
        I am personally against driving without having two hands on the wheel. I have seen many cars drifting over the line while talking on the phone with one hand to the ear. Hands free kits should be allowed as there are many cases where you may need to be in communication with someone while driving.

    • smh.... says:

      I have passed 2 police cars just this morning where the DRIVER had a cell phone up to his ear will driving….

  3. Tommy Chong says:

    This is a good move for BPS but they should take it further & ban talking on the cell through earbuds & intercom while driving which have proven just as distracting in studies. Also loud music should be banned in cars because of the driving distraction it causes.

    • Soooo says:

      The playing of loud music in vehicles is already illegal (just not enforced).. I wonder if the MP’s are exempt, seen 2 of them driving their GP cars this week, Blackberry at the ear….

      • Dee says:

        Someone should inform the lady in the white car who drives into Bullshead car park every morning with her windows down and her stereo blasting. She keeps it on even when she goes to the machine for her ticket!!!

        • Lady in White Car says:

          Whats wrong with my music ? and whats that got to do with Cell phone use whilst driving, really Bermuda…Get a grip!

          • Tommy Chong says:

            Do you hear my car’s engine as you drive up Bullshead car park ramp while I turn the corner looking for a parking spot? BAM!!!! No you didn’t just like you can’t hear that fire truck or ambulance that needs to gets past or the kid on the pedal bike’s bell ring as you back up because your music is TOOO LOUD!!! Maybe this hasn’t happened to you yet because you are just lucky… well luck does run out. Problem is insurance doesn’t cover for you showing off in a parking lot & police cannot make judgement on this type of accident so I would have to pay the damages you cause to my car. If your not show boating then I suggest a checkup with the ear doctor & purchasing a hearing aid because no one with proper hearing needs to hear their music that loud.

            • Man in Blue Car says:

              here here

              • Lady in White Car says:

                Is looking for a large bass box for my car, I just want the bass, so no one can actually hear my music, just the large amounts of bone shaking bass in the morning. MORNING

                • Tommy Chong says:

                  Im sure you must have a massive system in your car already if all of bulls head can hear your music & if not then soon your speakers will be blown if your eardrums don’t go first. I should know since I’ve done it before when I was young, dumb & inconsiderate. Blown my speakers that is, luckily not my eardrums. I’ve grown up since my late teens & realized others didn’t think I was cool for playing loud music, they don’t want to hear my music & that is a real distraction to others & myself. Know I don’t have to buy new speakers every year. Maybe since your old enough to have a car Lady you should think about growing up & being more considerate so others around you can have a good MORNING ALSO.

                  Another thing you might consider is as the crime rate increases it may not be such a smart thing to make yourself a target by advertising your cars sound system to all. Just a thought since the crack dealers love to have blasting systems & the crack heads love crack. I’m sure your at least halfway grown to understand this logic.

                • star man says:

                  It is quite easy to damage your ear drums with heavy amplified bass music. I suffered a 15% hearing loss as a result of the bass box in my car — even at lower volume levels.

                  My hearing slowly returned to normal a year or so after I sold my boom box car.

                  Playing loud music from one’s car IS selfish & inconsiderate — unless I like your music! Which is doubtful.

          • Mad Dawg says:

            It’s against the law, lady. Most of us don’t get to pick choose which laws we obey and which we don’t. Usually that’s a privilege reserved for Government Ministers.

    • The Hell says:

      Your an idiot Tommy Chong why don’t they ban talking to the passenger next to you since most people turn their heads to talk to them wher their eyes are not on the road…SMH!!

      • Ditto says:

        Exactly, some people (like “Tommy Chong”) don’t think before they speak! There are also people here that don’t understand that the Police don’t make the laws, they only enforce them (some more than others).

        • Tommy Chong says:

          Actually I typed my comment I didn’t speak it or need to because the people I converse with are intelligent enough that I don’t need to preach to the choir. The same wager I given to The Hell I’ll give to you you also if you choose to except. Only difference is you can be known as Ditto idiot since you think that a law that has been recognized & enforced by the majority of other country’s legislatures & police is asinine. I think thats what you mean?

      • Tommy Chong says:

        I always thought those, “You could learn a lot from a dummy!” commercials were true but after reading your post sadly they’re not. If your one of those people that needs to turn their head to talk to a passenger while driving please give your license back to TCD before you hurt some one. Those people scare me when in the car as a passenger or traveling behind them. I’m not sure why why the person who tested them did not notice they would turn their head when given an instruction by them. Then again I see many drivers with poor driving skills let on the roads nowadays. I’m starting to think the new cracker jack boxes come with Bermuda licenses in them. As for those people percentile of people that can use their vocal cords, listen & look at the road at the same time it is still dangerous when using earbuds. The reason this is different than talking to a passenger is that the passenger doesn’t stick their finger in your ear when talking to you or put their mouth up to your ear while your driving. I’m sure if a passenger did do these things to a driver they would let them out quick WHY? because it is DISTRACTING!. People who have ear pieces while driving or intercom must subconsciously switch from one part of their brain lobe to the other to perform these tasks. If there is disbelief of this fact I challenge those to go to the link below & take the multitasking test I guarantee most if not all will fail. As for The Hell I have a wager that if you can pass this test I will agree I’m the idiot you so called me & if you fail you can address yourself as, “The Idiot From Hell” from now on. Now lets be honest Mr. Hell or should I practice calling you by your new name. LMAO

        http://www.youtube.com/watch?v=4r5-jrzNjI4&feature=related

        • The Hell says:

          I drive with a blue tooth ear piece and listen to music and can manage quite well while driving..I even had to sound my car horn one day because the person behind me was about to ride into the back of my car because they were looking at something else they howevr were not on a cell phone..

          • Tommy Chong says:

            Many people are under the opinion that they manage quite well driving drunk & never had an accident doing so. Maybe the studies professionals have done on drinking & driving are as inaccurate as studies of done on the dangers of driving while talking on mobile devices. You Think? I bet the woman walking while texting thought she could manage this quite well in the link below.

            http://www.cbsnews.com/stories/2011/01/20/earlyshow/main7265096.shtml

  4. Mad Dawg says:

    Oh, a it must be a special occasion. Road rules will actually be enforced.

    While they’re at it, will the Police enforce the rules about seat belts? Tinted windows? Loud music? Front number plates? Stopping at traffic lights and pedestrian crossings? Or are they just going to enforce the new law, like a child playing with its new Christmas present?

    • Rob says:

      It would be nice if they enforced the laws on using dam indicators!

      • Pastor Syl says:

        O!! Sign me up on that petition!! People who don’t signal are the one thing that gets me close to road rage.

  5. John says:

    And will the police give each other tickets when they are driving with cell phones attached to their heads also!!?

    • @John:

      If you had read the law, you would know that Police, Fire and all emergency vehicles are exempt from the law. It is silly to try to mislead people reading these post by pointing at the BPS – - they also have a policy in regards to driving with cellphones.

      My advice – if you see a police officer in their personal vehicle on a hand-held phone, call the police and report it OR take a picture – send it to the Commissioner and let him deal with his officers.

      Yng Black Mind
      (those who know understand)

      • walls says:

        edit

        Agree if this law is about safety and protecting other road users then the BPS should not be driving around using their cell phones. Otherwise the law is just a farce and another revenue generation scheme!

      • Soooo says:

        My advice – if you see a police officer in their personal vehicle on a hand-held phone, call the police and report it OR take a picture – send it to the Commissioner and let him deal with his officers.

        and get a ticket for using your cellphone/camera while taking that picture!!

        • @Sooooo:

          Exactly – - you do get it, then? The heavy layer of scarasm in my above statement – great>?!

          Yng Black Mind
          (those who know understand)

        • Finally left! says:

          lol you all seem to enjoy using slippery slope arguments which do not really give an accurate prediction of what “could happen”.

          asking about changing stereo laws? talking laws? stereo has a display? nanny states, etc etc etc.

          to me it just seems that those against it are the ones that want to chat/text on their phones.

          you lot used to complain about the seat belt law, and the smoking in buildngs law…

          To those who think we are losing all our rights, think about these:

          for one, driving is not a right, its a privilege. Hence we have licenses. These licenses grant us a privilege as long as we follow some restrictions. This is simply one of them. Dont like it? take the bus.

          secondly, if you are keen to go down one directon (ie this new law may cause us to lose the “right” to listen to radio, or talk to passengers, then why not go the other direction. Argue that its unfair for people to be told they cant drink and drive (govt doesnt own me) or that speeding should be allowed (thats why we bring in faster than 50kmh cars). After all these are only limiting our “rights” while driving eh?

          • Finally left! says:

            well tis was posted in the wrong section!!!

          • Finally left! says:

            ol you all seem to enjoy using slippery slope arguments which do not really give an accurate prediction of what “could happen”.

            asking about changing stereo laws? talking laws? stereo has a display? nanny states, etc etc etc.

            to me it just seems that those against it are the ones that want to chat/text on their phones.

            you lot used to complain about the seat belt law, and the smoking in buildngs law…

            To those who think we are losing all our rights, think about these:

            for one, driving is not a right, its a privilege. Hence we have licenses. These licenses grant us a privilege as long as we follow some restrictions. This is simply one of them. Dont like it? take the bus.

            secondly, if you are keen to go down one directon (ie this new law may cause us to lose the “right” to listen to radio, or talk to passengers, then why not go the other direction. Argue that its unfair for people to be told they cant drink and drive (govt doesnt own me) or that speeding should be allowed (thats why we bring in faster than 50kmh cars). After all these are only limiting our “rights” while driving eh?

    • walls says:

      Agree if this law is about safety and protecting other road users then the BPS should now be driving around using their cell phones. Otherwise the law is just a farce and another revenue generation scheme!

      • Mussel Pie says:

        What if they are trying to find your house because you’ve called 911?

    • John says:

      My point is there has been many times that i’ve seen police officers on and off duty on their cell phones while driving. Yes i know that they have done advanced driving courses but that training is for high speed driving, (NOT DRIVING WITH A CELL PHONE), how do i know? Those that have to drive for the Regiment have to take the same courses with the police in advanced driving, been there done that. BPS, Fire and Ambulance all are equipped with radios fro communication with dispatch and each other. The LAW is for all, so all should be subject to it.

  6. Bewildered says:

    Isn’t it odd that suddenly the Police will be enforcing a new law? What happened to enforcing the current laws on tinted windows, excessive noise, misuse of assessment numbers and driving without due car and attention for example. Could it be because the penalties will rake in much needed revenue for the Government?

    • Good says:

      Yes also kids in proper car seats. Enforce what you have now. Gosh they cannot even handle those ones. All it is is a money thing. They will not be getting my money…

      • Woahh says:

        Driving with kids in the car will be illegal soon anyway :) . Surely that can be more of a distraction than talking on a cellphone… Since I don’t LOOK at my cellphone while I talk to it.

      • Pastor Syl says:

        @ Good: I assume they won’t be getting your money because you keep all the laws. If we ‘law-abiding’ folks all kept the laws, that would leave the police free to go after the criminals and not be distracted by those who pick and choose which laws they will follow (no signals, tinted windows, speeding, unfastened helmets, no seatbelt, etc.).

        • walls says:

          considering virtually every roaduser speeds, few can claim to be “law-abiding”

  7. Truth is killin' me... says:

    Bermuda…this Government is BROKE! They wasted millions of your taxpayers money while lining their own pockets. See more of this type of revenue funding for Government in the very near future.

  8. ian says:

    The BPS is a joke.

    • Death to party politics says:

      How so? The police are merely enforcing the laws on the books. It’s not like they’re creating the legislation.

  9. Malachi says:

    Not is it just about the money – it’s ALWAYS just about the money. The REAL reason for this is for Government to generate new income.

  10. cocoa says:

    Can we use our phones with an ear piece while driving? Or is that an offense as well? Can some tell me. please.

    • Tommy Chong says:

      I think you can but shouldn’t if you really want to be a safe driver since its proven that it is impossible for any human brain to effectively multitask especially when driving.

  11. Pastor Syl says:

    If it’s just about the money, maybe we can expect to be breathalyzed for every fender-bender. That’s a $1000 right off the bat and will do more toward road safety than most other efforts!
    BPS, you can breathalyze me anytime – I’ll gladly dear with the momentary inconvenience in order to have safer streets.

  12. Pastor Syl says:

    That should be “deal with”.
    Sorry

  13. Slick says:

    This is just a hidden tax just like unfastened helmets and seatbelts.
    Are we not adults?

    • Finally left! says:

      Helmets/seatbelts dont hurt other people.

      Crashng while chatting/texting does.

      Difference.

    • Pastor Syl says:

      Any adult who rides or drives without fastening their helmet or their seatbelt may be grown but is not yet mature. Such laws are meant to protect us from ourselves (and to help the EMTs who don’t need to see your brains all over the street or the wind shield of your car)

  14. Good says:

    Just an observation – How can they be enforcing anything if they are parked up at the police station or at the barracks or at home. I am all for the new ban and think it is a great idea. But gosh patrol the streets, be visible. By doing this you might just get back the islands help on things.

    BPS need to be out in view and be seen by the public maybe stop in shops go door to door and knock on doors let people know you are around. I don’t think the special task forces should only be out when there is a shooting. Enforce at all times and not just when it is a special event or holiday.

    BPS Thanks for all you do but you need to get better show them you really care about your island and take it back.

    Have a good day everyone and bundle up.

  15. GPS says:

    It amazes me that money making/taking legislation gets passed in the house so quickly….

    but when it comes to beinging harsh on crime and criminals, our leaders seem to be lost for thoughts on how to tackle and clamp down on repeat offenders and brand new future offenders.

    I bet you could go to any hood and you will see idle hands in plain sight…but you would never get the police humm-bugging them like you would see them on eastbroadway.

    BPS you are silly….how many accidents have happend on eastboradway during morning rush hour traffic into hamilton??

    After this week is done, you probably wouldn’t see the BPS on eastbroadway until Cup Match when there probably will be another “Police Clamp Down” on dogs in laps while driving.

    • WTH???? says:

      This is so true cause the last time i saw the police on east broadway was when they had start talking about tinted windows and plates on peoples cars and they was out there for not even the whole week i think it was like 2 days and then they was gone never to be seen again. Now they back out there today pulling over people.

    • The Hell says:

      I totally agree Its like every morning they wake up and try and come up with ways of getting money from the public..Easy. Stand on the road side money..

  16. Triangle Drifter says:

    Amazing how many people don’t & won’t read. Operating a wireless device is OK. That is really no different than talking to a passenger.

    One thing not mentioned is the operation of 2 way radios, commercial ones are the most common but there are CB & Ham radios in vehicles too which have been around much longer than cellphones.

    As far as fines being used for police funding, why not? It would be be nice if fines matched the crimes & paid for the BPS & Judiciary expenses. After all, those of us who don’t break laws don’t use the BPS or Judiciary. Why should we have to pay for them?

    • 32n64w says:

      It does appear to mention two-way radios under section 44(c) but as an exemption:

      “a hand-held device that can perform an interactive communication function by transmitting or receiving data, other than a two-way radio;”

      Further down under section 44(3)(c) two-way radios are defined

      “any wireless telegraphy apparatus which is designed or adapted for the purpose of transmitting or receiving spoken messages;”

      Which only serves to confuse things as these definitions appear to contradict one another.

      • You failed to share the definition of a hand-held device in the legislation – - there is no contradiction at all.

  17. ya says:

    I wish bps would ramp up their response with tackling gang activity. And my comment is not a criticism of bfs efforts, nor is diminishing the seriousness of distracted driving. I just think more effort needs to go into getting these thugs off the streets.

  18. Pure Madness!!!! says:

    @ Tri Drif, I totally agree with you,(Operating a wireless device is OK. That is really no different than talking to a passenger.) So does that mean I shouldnt have passengers in my car, especially children cause they could really be distractions. Also whats the difference with having your ipod when riding your bike and the radio on in a car. Make me understand.
    And your also telling me that it’s ok for Police Officers to use mobile devices, I take it the radio’s in their cars dont work. They can pull over as well. Oh and lets not talk about Mr Road Safety Himself, The Great Dr J(thats if he’s still a member of the council) I’ve seen him a few times on his cellphone and he wasnt headed to KEMH either, he also has a serious case of road rage. Pure Madness!!

    • Triangle Drifter says:

      My reference to ‘wireless’ was bluetooth.

      No, you can’t have a phone stuck between shoulder & ear. No, you can’t be picking up the phone to make a call. No, you can’t be texting, even at a light.

      What is so dificult to understand about this law. It really is about common sense & driving. It really should not be necessary. unfortunatley people exibiit very little common sense when driving so laws have to be made, & enforced, to get peoples attention.

  19. MR G says:

    i got stoppen in the usa for using my cell phone was given a ticket of 150.00 yjr officer told me i can have the phone on speaker but just not up to my ear…..didn t make sence as u r still driving with one hand…..what is the law now in bermuda can i have it on speaker phone while driving….

  20. Chart says:

    They were ticketing for this on East Broadway this morning.

  21. Soooo says:

    Link to Bermuda Laws PDF

    Driving or causing or allowing another person to drive
    a motor car while using a hand-held mobile telephone,
    a hand-held device or a hand-held electronic
    entertainment device

    … Sounds like headsets and speakers are acceptable

    Driving or causing or allowing another person to drive
    a motor car equipped with a television, computer or
    other device with a display screen visible to the driver

    … Except your phone can’t have a display….

    But then again doesn’t my car radio havea display screen???

  22. wow says:

    You can also get this ticket for riding your bike with headphones in listening to your ipod….be careful riders.

    Does this mean the 6 months is left up to the judge or is it automatic?

    • Not a puppet says:

      Thats crazy . I can’t listen to my iphone in one ear while riding my bike? Please tell me your kidding?

      • wow says:

        nope not kidding……thats what i thought…got a ticket this morning though…..however, they didnt say how much it is..just that you have to go to court and find out.

        • walls says:

          At 1:25 in the video it suggests that riding with your Ipod isn’t mentioned, I would challenge that.

          • Not a puppet says:

            Please explain. Be clear. Can u ride a bike with one ear phone in your earor not.

          • wow says:

            good point! Thank you very much!

            • wow says:

              im going to challenge it because i was pulled over for having in one headphone today with my ipod in my pocket….

              • recentlyticketed. says:

                how about I got mine 2 days after the legislation was passed!! I’m pleading my case too!

  23. Death to party politics says:

    They should place a fine on people driving with loud music. How can you hear any warning carhorns if you’re playing music loud enough to hear in China? At the very least it’s an issue of driving without due care?

  24. united says:

    With ALL the major issues on Bermuda. Joblessness, gun violence, gangs. The police look at phone use in cars!? How about women putting on makeup whilst driving, drinking water or coffee? Changing the radio station can be a hazard. How about the scantily clad beauties crossing the streets near the beaches?

    Bermuda, listen up, there are many consequences to doing dumb stuff but don’t get into the nanny state as these places in the U.S where you can’t eat or serve salt in restaurants, smoking in restaurants. Take care of CRIME, let the POLICE take care of crime and criminals. The police have bigger fish to fry than baby sitting people in their own cars. Plus, stopping people from talking on the phone while diving does not really save lives.

  25. JUstice says:

    Dont understand the big deal with Ipods, unless you have both headphones in and music blasting, but what about cars that have loud music while the windows are up!? thats more of a hazard then anything.

  26. Can You See Me Now says:

    Just another attempt by this broke-ass government to get more money from its citizens. Increase Duty…more huge fines…etc…etc.

    Lets see how strictly these puppets enforce this law amongst their own…and MPs. Toyota Corollas are not excluded.

  27. MinorMatters says:

    I love it – the BPS are all ON it…must get those cell phone drivers! Meanwhile people are getting killed, shot at, medevac’d off the island and what response have we seen to the escalating gun violence, home invasions? No willingness to ban tinted face visors, no mandatory 30 years for gun/ammunition possession, no SWAT tactics, rounding up suspected gang members etc

    • SWAT them says:

      Remember when Ewart wanted a SWAT team? Everyone thought he was crazy, when that was probably the only good idea he had! lol

      • MinorMatters says:

        Well, the good thing is that the money that is raised by the BPS in fines for Cell Phone Driving will partially offset the cost to provide Police Escort Service to Gang Members who play football around the Island. Nice!!!

  28. amen says:

    How many people were shot last year and how many were shot DEAD and this is the “issue” the police are fighting?! We are in some deep sh!t! Anything to make money! I guess changing the radio station will be illegal next and removing all radio/cd players from cars as well! Everything is illegal in Bermuda!

    “The officers were located in areas where they were able to stop offending motorists with minimum inconvenience to other road users.”

    How about the officers locate themselves in high crime areas and do some real frigging police work? Then they wonder why the general public dislike them! Harassing the every day citizen meanwhile somewhere else a store is being robbed at gunpoint and someones being shot. Bunch of idiots!

  29. GPS says:

    Too bad we can’t vote in our Police services cause this force is still behind the Nineth Ball….oogghh

    Way Too much emphasis on petty crime!

  30. Pastor Syl says:

    Wish they WOULD do something about loud stereos! Ever notice how they shake the earth? People forget we live on top of a network of caves. Wonder if that’s why we’ve been getting those occasional sink holes lately.
    I don’t know why some people think because they like a certain kind of music, everybody else should have to listen to it too. Some folks have it so loud, you can’t even hear your own music even with the windows rolled up!
    Yes, there are very important issues to deal with, perhaps more important than cellphone usage, but all of these things are irritants that raise people’s stress levels and increase road rage. Also it seems to me that when people break “minor” laws and get away with it, they think they can break other laws with impunity. We seem to have become a nation of scofflaws.

  31. hang up and drive says:

    Of all the laws passed by our current government this is one that I completely agree with .. as far as the punch line goes. I’m only talking about cell phone use while driving .. not tvs , iPods or stereos .

    How anyone could brush this off by deflecting to all the other things wrong in society is the height of self centred stupidity.
    Even before cell phones the standard of driving was atrocious , now I hate going out on the street as a ‘biker’
    Yes, I’ve entered bends with water trucks and fuel transport vehicles coming the opposite way with the drivers looking down fumbling with their f****g cell phones.

    The law should really say that if you’re in your vehicle the cell phone should be turned off , period !
    And yes, I want to see some police cars doing turn arounds and going after the vehicle going the other way . Slam them !

    Their inconsequential stupid phone call is not more important that anyone elses safety.

  32. S Brown says:

    But seriously, how difficult is it to put your phone on speaker, have it on your lap and talk while you drive?

    Some people just love to gripe and complain.

    • Pastor Syl says:

      Please don’t put the phone on your lap. You will instinctively reach for it if it falls off. I remember a song about a guy who died reaching for a phone that fell on the car floor so he didn’t see the truck coming toward him. Get a holster, please!

  33. Observer says:

    People, just sit and think for a second because SO many people are complaining. I consider driving while talking on a cell phone just as bad as a drunk driver. In both cases, the culprits are not fully attentive to the actvities in the road. Lets think of this scenario. Suppose someone is talking on their cell-phone while driving and gets into an accident and seriously injures or kills someone! Now imagine that person being a loved one or a dear friend, how would you feel? Perhaps you would say “There should be a law to hand-held devices while driving”. So please look at the bigger picture, b/c this is only to protect the public from something very tragic from happening! Think people! Please!!!

    • The Hell says:

      The only tragedy is we will be living in a penal state next will be the thought police..how about a keep both hands on the wheel law $500 for every hand that’s not on the steering wheel..

      • WTH???? says:

        Wait why should i have to drive with both hands? i do a very good job driving with one, sorry if you have a problem driving with one. But this is the stupidest thing i have read

        • Pastor Syl says:

          @ WTH??? – That’s only your opinion! Ask the people who drive with you or around you if you do a very good job driving with one hand. Reminds me of the guy who says he drives even better after he’s had a few drinks.

          • WTH???? says:

            yes my friends do think i do a very good job driving with one hand,maybe you just dont know how to drive with one hand that is why you are saying such crap.

            • Pastor Syl says:

              Actually, when I was young and first learned to drive, I thought it was really cool to be able to drive with one hand. I could even change gears with one elbow on the window sill and no hands on the wheel, using my knee to steer. I’m glad I never killed anyone or myself.
              Any safe driving course will teach you that the 10 o’clock-2 o’clock position for both hands on the wheel is safest for defensive driving. I will not speculate further on what kind of driver you are.

  34. The Hell says:

    How about a jaywalking law or you can’t turn your head and talk to the passenger law or how about enforcing the overtaking law.. Oh my bad that’s hard to keep track of . Its easier to stand on the side of the road and write tickets because this government doesn’t have any money so gotta get it from somewhere and they have the puppets to help them do it

    • hang up and drive says:

      To you and all the others whining that this is a money grab read observer’s comment above. If people are so thick as to not understand how dangerous it is to drive whilst yakking on a hand held phone then we DO need a law to make their brains start working.

      You all sound like babies crying that you’re having your candy taken away from you … candy you don’t even need , while my and other’s safety goes out the window .

  35. deallnighter says:

    Just saying, has anyone driven behind one of our AMBASSADOR taxi drivers while they are trying to read there GPS.They are one of the WORSE drivers on the road aas it is.Trying to get them to walk and chew gum is a accident waiting ti happen.

    • John says:

      That is a good point though, will those screens now be outlawed for taxi drivers?

      • Finally left! says:

        hrrrm. i dont like the moaners, but this is an interesting point.

    • PEPPER says:

      You say our taxi drivers are the worse drivers !!! Hey our present gov made it law that these ambasadors install the GPS in their cabs….so yes they have to take their eyes off the road to see where their next job is .. and now these unfortunate ambassadors, have to install another device in their cabs !!! if the present gov want them to have the latest technology give it to them for free…
      In my opinion Bermuda has the best taxi drivers in the world …and they go out of their way for their customers…Doc Brown started all of this crap and Cox is going along with it…

      • deallnighter says:

        You sound like a taxi driver? Just saying:)

  36. You mass well ban f&*%kin cars now too. Solve murders p%&sys

  37. Think About It says:

    This government and the PLP are a JOKE. All this new law was created for was to take more money from john/jane public. Show me the stats that say that ANY accident let alone a fatal one was caused by someone being on a phone while driving. Someone, anyone, please post a link or something. It’s utter bullsh*t, just to make a dollar. P. Cox just saw a ton of people using their phones while driving one day and got the idea and had the law passed. The fact that it is a $500 fine (speeding is a $250 first offense fine) just further proves it.

    • Notorious says:

      Exactly! No figures to even justify this bullsh!t! Paula Cox doesn’t care because she is driven around like Miss. Daisy!

      • Notorious says:

        Why is my comment still awaiting moderation bernews?

        • Bernews says:

          No fancy reason…just sleep…comments are moderated quickly 18 hrs a day, and they aren’t moderated for 6 hours a day while I sleep.

          Patricia

          • Notorious says:

            Okay just wondering because I saw plenty of other comments went through.

    • Politely Pompous says:

      A few years ago the then president of the Road Safety Counci almost ran me over on a pedestrian crossing while on her cell. Then she had the nerve to stand up there in public talking about road safety. It was definitely a ‘SMH’ moment for me. That said, I agree with you. This is definitely a money-making thing because-as we all know-the PLP Gov’t is BROKE. That’s why there’s a freeze on hiring in the civil service and our country is going to pot. When the infrastructure of a country goes downhill-as ours is-then you KNOW you’re im trouble.

      Anyway, what irritates me is that we have what has to be the highest vehicle licensing fees in the world, with the excuse being that the money goes for the upkeep of the roads when the roads are AWFUL. So we pay these huge fees plus pay again for the damage to our vehicles. Furthermore, there is a fuel tax in place that was put there YEARS ago to pay for the ‘new’ hospital which is now the old hospital with the extra fuel charge never taken off once the ‘new’ hospital was built way back around 1970. We get ripped off left, right and center in this island-it’s ridiculous.

      Moving on, what irriates me about these politicians in the current gov’t is their ‘do as I say, not as I do’ mentality. Anyone remember how the GP cars were parking anywhere they wanted with NO repercussions? Premier Cox doesn’t even have a driver’s license and get chauffered around so she can talk on her phone all she wants-this won’t impact her in the least. Will any of these MP’s get pulled over if they’re spotted by police or do they have diplomatic immunity? I doubt any of them will be affected, either. Expect more petty, punitive measure by a desperate government eager to bleed us dry for every dime they can get out of us since again, they are BROKE! They waste our money and then have the nerve to plot on how to get more out of us. When will enough be enough???!!!

      BTW, I’m a black Bermudian so nobody try and play that overused race card!!!

    • Pastor Syl says:

      Sorry I don’t have a link, but almost every country has laws about cell phone use while driving. It is dangerous, and texting while driving is truly an accident waiting to happen.
      Maybe the new law is in part a money maker, but by golly, I am sure glad it has passed and that the BPS plan to enforce it. For the record, I will be taking licence #s if I see you driving on the phone. I’ve been side swiped once too many times, and nearly had several heart attacks watching from behind as cellphone drivers wander across the center line in the face of oncoming traffic.

      • WTH???? says:

        Really taking licence plate numbers you have got to be kidding me, right so when u take these numbers your gonna give them to the police and then what are they gonna do about it? Cause it all rights THEY CANT DO JACK. they didnt see it with their own eyes and i dare some police officer come to me sayin giving me a ticket cause someone told them i was on my phone.
        I NEED YOU TO GROW UP

      • BermyGurl says:

        Also, will you be taking down those license plate numbers while you are behind the wheel of your car? Isn’t that a different kind of sheeps clothing?

  38. Same S*** Different Day says:

    When the police stop doing it then i will until then Um running my cel phone!!

  39. sticky says:

    Some of u need to GROW UP, the law has passed just adhere to it, who the hell are u talking to when driving any WAY, conversation can’t be that important that u could not wait to haveit.

  40. I McHunt says:

    You deserve to get fined then!!!

  41. Always Watching says:

    I will be honest.

    I was driving to work Monday and lite a cigarette. I went to flick it and the window wasn’t all the way down so the butt hit the window and the lite ash fell in my lap. I slammed brakes in an effort not to burn me or my car seat and frantically put out the ash.

    I could have easily caused an accident because I didn’t even look behind me.

    I say this to say, if i would have caused an accident I would have been charged with driving without due care and attention..

    it is all the same thing, we do not need to waste time re-writing laws that are already covered just to use our valuable ministers time.

    we should be busy trying to legislate laws that are going o protect us from killings and robberies that are rampant in the country to date…

    Lets get serious people……..

  42. WTH???? says:

    This afternoon i witnessed *a police officer* STOP traffic thats right he rode right in the middle of the road to pull this lady over cause she was on her phone right on front street. First i saw him riding into town and within 2 sec later he was speeding back chasing after the lady in her car trying to pull over. So i guess he is the main one enforcing this new law, then 20 min later i see him somewhere else posted up.
    So they have time to drive/ride around looking for people talking on their phones but they dont have time to drive/ride around looking for anything else?
    SMH YOU PEOPLE MAKE ME SICK

    • Think About It says:

      He has time to do this becuase it is an easy $500 or more for them. The fact that this guy is hunting for people using their phones while driving further proves my point that it’s all about the money.

      • walls says:

        Those cops love racing around like teen pack racers!

        The difference between a pirate and a privateer was the later was sanctioned by the crown. It’s all about revenue. This is no different, those 500lb motorcycles racing through traffic at high speed will kill someone one day.

        I’m sure well see more Bernews postings this year with police vehicles wrapped around poles or upsidedown!

    • hang up and drive says:

      Good! I hope she got a ticket and I’ll buy that guy a beer when his shift is over .
      I want to see a lot more of this. Turn around and go after them !

    • tricks are for kids..... says:

      Sounds like Colin was out an about……

  43. smart solution says:

    Hmmm… some new phones come with handsfree assistants(iPhones have Siri) where you can do everything handsfree including send text. If you have a bluetooth headset then you would never even need to touch your phone.

    Just voicing an option for those who want to talk.

  44. Winnie says:

    I guess Police officers on or off duty are exempt from this law as they are immune to driving while distracted, over to you M Da.

  45. Reginald Vel Johnson Fan From WAY Back says:

    Every single comment made on this story so far, whether in support or opposition of the law in question, makes absolutely no sense. You’re all a bunch of goons.

    • deallnighter says:

      You have left a post, so guess what that makes you? Just saying, GOON!

  46. Terry says:

    Never read so much garbage in my life.

    Blame someone else.

    RIP Bermuda. Keep digging. Souls go up. Feet stay planted.

  47. I'm Amazed says:

    A ban on cell phone use and/or texting while driving is not unique to Bermuda, and makes perfect sense. If you consider that you, the driver are on your cell phone, the driver in fornt of you, the driver behind you and the driver coming toward you are all on their cell phones, it is a catastrophe waiting to happen. Let common sense prevail, and if you must have that conversation before you reach your destination – pull over, and talk/text to your heart’s content.

  48. Triangle Drifter says:

    Unbelievable!!! 112 comments so far over a law that makes sense, a law that is common & complied with anytime we go away & rent a car.

    What is the problem people?

    Statistics show that driving while talking on a cellphone is as dangerous as DUI.

    What are you all talking about that can’t wait a few minutes till you get to your destination? It is not like we are spending hours on an interstate going from one place to another.

    Bermuda crash statistics show that Bermudians are terrible drivers. We don’t look around using mirrors, we don’t signal, we have never heard of the 2 second rule, courtesy is a foreign word to us, what is a speed limit?, we think following within 1/2 a car length is just fine, we want to blast our sound systems loud enough to be heard on the east coast & we want to do all this & yap yap yap on the cellphone too.

    • Golden says:

      @ Triangle Drifter. My thoughts exactly. I have been driving my car and have witness people behind me on their bikes texting and not noticing that traffic has stopped in front of me and has had to slam breaks. I have been tempted at times to slam breaks and blame it on a cat or a chicken had darted out in front of my car and I was trying to avoid it. They are non the wiser. Here was a link that was a UK PSA about using the cellphone whilst driving.
      http://www.youtube.com/watch?v=R0LCmStIw9E

      • Think About It says:

        You and Triangle Drifter are both morons. This law was not enacted to increase road safety for Bermudians and that is as clear as day to see. The law is understandable in places where you are driving at speeds of 50mph (80kmh) or more, but we live in f*cking Bermuda where the speed limit is less than 20mph.

        This is about money, plain and simple. Why else would a crime that has been proven to have killed people here (speeding $$250+) have a lower fine than something that has NOT been proven to be a significant cause of road fatalities (talking/texting while driving $500+) in Bermuda?

        • Pastor Syl says:

          o you have to be JOKING, @ Think About It. Who here travels at the speed limit???? No, we are so accustomed to breaking laws, the speed limit is whatever is just below what the cops will stop you for – which I think is 52k right now.

        • Hmmm says:

          I totally agree. Although you can argue that because we DONT have big highways that our curvey, narrow roads require more attention, I have yet to understand why the fine is SOO much for a law that hasnt been PROVEN to be a cause of road fatalities. smh..

          This is reason #2 I don’t plan on returning after I graduate from college, directly behind the lack of entertainment of course.

    • Rick Rock says:

      No problem with the law at all, TD. It’s long overdue.

      However I never cease to be amazed at some of the statements and actions of the police.

      A new law gets passed, they “strictly enforce” it for a week or two with great fanfare, as though its a special occasion for a law to actually be enforced. And then it gets completely forgotten. Which is why, most of the time, you see people driving around ignoring laws about seat belts, tinted windows, front number plates, illegible “custom” number plates, loud music, ignoring stop lights, ignoring zebra crossings, etc.

      What I’d like to see is laws enforced and observed as a matter of course, all the time.

  49. drew says:

    The police could focus on catching the ‘bad guys’ if people weren’t on their phones, breaking the law, and being ticketed for it… It’s a rather simple concept: you don’t talk on the phone whilst driving, the police don’t have to pull you over and can instead put their time and efforts in searching for those who you deemworthy of their time.

  50. Man in the Mirror says:

    Here is a list of ALL the countries that have a similar law.
    Country Banned Notes
    Australia Yes Banned in all states – fines vary though.
    Austria Yes Fines vary – up to US$22 per incident
    Bahrain Yes Offenders face fines – possibly prison
    Belgium Yes Phones can be used without a hands-free unit when the car is stationary – but not while in traffic (such as at traffic lights)
    Brazil Yes Ban imposed Jan. 2001
    Botswana Being debated The attorney general is drafting the legislation
    Canada Variable Banned in Newfoundland (Dec2002) fines up to C$180 – Banned in Québec (Apr 2008) fines up to C$100.
    Chile Yes
    China Yes Reported to be covered by general “good driving practice” legislation.
    Czech Republic Yes
    Denmark Yes Ban imposed July 1998 – US$60 fine for infringements
    Egypt Yes Fines of about US$100 per offence.
    Finland Yes Ban imposed January 2003 – US$55 fine for infringements
    France Yes Banned 2003, EUR40 fine per infraction
    Germany Yes Ban imposed Feb. 2001 – usage allowed without a hands-free unit only when the engine is switched off. Fine of €40 per infraction
    Greece Yes
    Hong Kong Yes
    Hungary Yes Not often implemented by the police
    India – New Delhi Yes New Delhi – Ban extended to ban all use of cell phones when driving, including use with a hands-free unit – July 2001

    Andhra Pradesh – Ban now enforced with prison sentences
    Ireland Yes Banned, with a US$380 and/or up to 3 months imprisonment on a third offence. Handsfree kits allowed, although that is subject to review.
    Isle of Man Yes Banned since July 2000
    Israel Yes
    Italy Yes Fines of up to US$124 per infraction
    Japan Yes Ban imposed Nov. 1999
    Jersey Yes Ban imposed Feb. 1998
    Jordan Yes Ban imposed Oct. 2001
    Kenya Yes Ban imposed late 2001
    Malaysia Yes
    Mexico Partial Ban in Mexico City
    Netherlands Yes Fines up to €2,000 or two weeks in jail
    New Zealand Being debated Under debate – consultation being sought from interested parties
    Norway Yes Fines of over $600 per infraction
    Pakistan Partial Banned in Islamabad
    Philippines Yes
    Poland Yes Fine of PLN200 ($100) – can be higher if contested.
    Portugal Yes
    Romania Yes
    Russia Yes Ban imposed by Prime Minister – March 2001
    Singapore Yes
    Slovak Republic Yes
    Slovenia Yes
    South Africa Yes
    South Korea Yes Ban imposed July 2001 – US$47 fine + 15 points on the license.
    Spain Yes
    Sweden No
    Switzerland Yes
    Taiwan Yes If the driver is using a reflective screen on the car, local privacy laws forbid stopping the car for violating the ban.
    Thailand Yes Bill proposed in May 2000
    Turkey Yes
    Turkmenistan Yes Signed into law with effect from May 1st 2003, by President Saparmyrat Turkmenbasy
    UK Yes Banned from December 2003
    Zimbabwe Yes Ban imposed in Sept 2001, announced via official news agency only though, so not confirmed

    So what’s the problem?

  51. Man in the Mirror says:

    Here is a little food for thought.
    Taken from our beloved Mother Country, because we all know the UK does everything right, and they DO NO wrong. wink wink
    Mobile Phones and Driving

    From 1 December 2003 it became a specific offence to use a hand-held mobile phone in a moving vehicle. The penalty was a £30 fixed penalty or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches), but no points. However from 27 February 2007 the penalty is now 3 points on your licence and a minimum fine of £60.

    The new regulations apply to the drivers of all motor vehicles on the road, including cars, motorcycles, goods vehicles, buses, coaches and taxis. They also apply to anyone supervising a learner driver, while the learner driver is driving. Anyone supervising a learner driver needs to be concentrating on what the driver is doing and should not be using a mobile phone.

    Provided that a phone can be operated without holding it, then hands-free equipment is not prohibited by the new regulation. And pushing buttons on a phone while it is in a cradle or on the steering wheel or handlebars of a motorbike for example is not covered by the new offence, provided you don’t hold the phone.

    However, hands-free phones are also distracting and you still risk prosecution for failing to have proper control of a vehicle under Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986 if you use a hands-free phone when driving. If there is an incident, the use of any phone or similar device might justify charges of careless or dangerous driving.

    But what actually constitutes “using a mobile phone”. Are police prosecuting drivers who are simply seen with a phone or a PDA in their hand?

    We doubt there are any motorists who are not aware that it is illegal in the UK to use a handheld mobile phone whilst driving your car.

    The current penalty for this offence is 3 points on your driving licence and a fine of up to £1,000.

    That seems quite clear, but what constitutes “use” of a mobile phone, and exactly when are you deemed to be “driving” your car.
    Driving a car

    The term “driving” has a very wide definition in motoring law matters. You can generally still be considered to be driving, even if you are stationary, sitting in your vehicle off the road, but with your engine running. Turning off your engine may be enough to prevent a successful prosecution.

    If you are stuck in a traffic jam, then again you are still driving your car as far the police are concerned and you open up yourself to prosecution if you use your mobile phone other than through a hands-free kit. Every case is different and it is very difficult to lay down hard and fast guidelines.
    Using a mobile phone

    Most policemen believe that if they see you with your mobile phone or PDA in your hand while driving your car, then you have committed the offence of using a mobile phone while driving.

    For there to be “use” of the phone there has to be some form of interaction with the device – so looking to see who is calling, or looking up a number, or dialling a number, as well as, of course, speaking or texting someone with it. The act of holding the phone in your hand is not, in our view, enough, on its own, to establish in law that the phone was being used.

    It is a matter for the prosecution to prove that you were “using” the phone. This will usually be by way of evidence from an officer who saw you on the phone in your car. But if you can prove that you did not make or receive any calls or texts at the time of the alleged offence, then you may be able to establish that you were merely holding/moving the phone and the offence would not be committed

    • In Mark's Opinion says:

      A friend of mine got a ticket because the phone was in lap at stop sign , the police man checked the phone saw no calls or text and still wrote a ticket.This law is not very clear when you are using it. Will we get a ticket for a bag of chips in our laps too.Why do the people the lead us like to punish its people and turn more and more people into crminals , $500 fine is a lot of money for something that was no problem 2 weeks ago.Now they are out to get your money.

      • WTH???? says:

        I can believe this too as i was at a stop light today and had a police officer look right in my car to see if he saw my phone or not. Like im not saying the law is wrong but for them to be acting like this i think is pretty deep. They have NO RIGHT to ride up next to me and look in my car and if u agree with this that something it really wrong with you and you need help.

    • Rick Rock says:

      Why the sarcastic comments about the “mother country”? Cell phone use is banned in many countries, including most states in the US. Why pick on the UK for your sarcasm? Idiot.

  52. Turini says:

    The intention and spirt of the law is to completely ban the use of any and all electronic devices. As such, that does mean that if it is a hands free device or a portable device like an iPod, iPad, CD player, cassette player or any device which can play music or games is NOT to be used at all. This is evident in the wording of the law. I command the AG Chambers on the wording and being proactive in the legislation to incorporate any other new devices which will come into the market however, as a cycle rider – like so many others – I will miss the music. In time the people of Bermuda will adapt to the change as we always have; and in a positive light for those who must always answer the phone for work, you now cannot answer if you are on the road – a break at last.

  53. Man in the Mirror says:

    maybe its because we are a British Colony. So why would i compare our laws to Canada or Africa or even the USA.
    So take ya British Crying and Stuff It…
    and while you at it can i get some Fish n Chips
    PRICK……

    • Mad Dawg says:

      We’re talking about cell phone laws. You appear to be in favour of them, but you are sarcastic about the UK having such a law. That’s quite some chip you have there.

  54. Man in the Mirror says:

    Mad Dawg….
    No chip at ALL
    Its funny that whenever somebody makes reference to the beloved Mother Country, certain people get their knickers in a twist. Some of these same people want to crucify other people’s Country and Governments, yet they seldom talk about theirs.
    I can think of plenty of negative things that all political parties in the UK have done wrong, which even led to some rioting of late, yet instead of trying to tackle your own issues, you worry about mine.
    I take it England isn’t a part of the global recession and everything is fine over there.
    So why don’t we just take a chapter from her book, and live happily ever after.
    NOT………………

  55. Krys says:

    I am wondering about how, or rather if, this law applies to riders. The law applies to motor cars, which the Motor Car Act defines as “any vehicle, of whatsoever description, which is propelled by
    mechanical or electrical power, except—an auxiliary bicycle.” So is it or is not legal to listen to an ipod through headphones on a bike, while not manipulating the ipod?

  56. Mildly disgruntled says:

    I was stopped and received a ticket for listening to my ipod while riding. I had the headphones in 1 ear and I could hear everything around me and outright talked to the Police officer while my music was playing. I do not follow the media so I was unaware that the law applied to ipods. I understand that it is safety measure and by all means I support the law as it applies to cell phones. But sorry the court will not be getting $500 out of me, I’m a single mother with more than enough to pay out. I don’t ride with my ipod anymore but found it ironic that the officer told me that he likes to listen to his music 2. I doubt he has stopped using his Ipod.

  57. The Future says:

    Just passed GP6 driving east on North Shore past the old Clayhouse Inn. Phone to ear.

    Who drives GP6?

  58. Triangle Drifter says:

    Oh come now The Future, surely you don’t expect Ministers driving around in their GP cars to respect a law they passed only weeks ago!!! They are above such mundane things as obeying any laws. Remember the one caught doing something like 45mph on Harbour Road?

  59. Railway says:

    I watched a police officer, in a marked police car, try to parallel park on Front Street earlier this week. He did a very poor job of it and hit the car in front of him. I watched and waited to see what he would do. He never checked to see if he had caused any damage to the car in front of him, let alone his police cruiser. He was not rushing to a crime scene and was very nonchalant about the whole thing. Very disappointing. I was also came close to being hit crossing the pedestrian crossing down by Butterfield and Vallis by a police officer, also in a marked police cruiser – the officer was on his blackberry. I do support the BPS and want to continue to do so but at times they make it very difficult.