s 65B Use of mobile communication device while driving
65B. —(1) A driver of a vehicle who holds in his or her hand a mobile communication device and operates any of its communicative or other functions, while the vehicle is in motion on a road or in a public place is guilty of an offence and is liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. [28/2014; 9/2020] (1A) To avoid doubt, subsection (1) does not apply 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. [9/2020] (2) Where a person who is convicted or found guilty of an offence under subsection (1) is a repeat offender, the person is liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [28/2014] (3) In this section — “communicative function” means any of the following functions: ( a ) sending or receiving oral or written messages, audio phone calls or video calls; ( b ) sending or receiving electronic documents; ( c ) sending or receiving still or moving images; ( d ) sending or receiving audio or video files; ( e ) 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 communicative function; “repeat offender”, in relation to an offence under subsection (1), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of — ( a ) an offence under subsection (1); ( b ) an offence under section 65B as in force immediately before 1 February 2015; or ( c ) an offence under section 65B as in force immediately before 1 August 2020, on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence. [28/2014; 9/2020] —(1) A driver of a vehicle who holds in his or her hand a mobile communication device and operates any of its communicative or other functions, while the vehicle is in motion on a road or in a public place is guilty of an offence and is liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. [28/2014; 9/2020] (1A) To avoid doubt, subsection (1) does not apply 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. [9/2020] (2) Where a person who is convicted or found guilty of an offence under subsection (1) is a repeat offender, the person is liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [28/2014] (3) In this section — “communicative function” means any of the following functions: ( a ) sending or receiving oral or written messages, audio phone calls or video calls; ( b ) sending or receiving electronic documents; ( c ) sending or receiving still or moving images; ( d ) sending or receiving audio or video files; ( e ) 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 communicative function; “repeat offender”, in relation to an offence under subsection (1), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of — ( a ) an offence under subsection (1); ( b ) an offence under section 65B as in force immediately before 1 February 2015; or ( c ) an offence under section 65B as in force immediately before 1 August 2020, on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence. [28/2014; 9/2020]