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Seth Rotherham
  • Using Your Phone While Driving? It Could Be Confiscated And Donated

    01 Oct 2019 by Carrie in Cars, law, legal, Lifestyle, South Africa
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    Remember when the teacher took your phone away in class?

    Or how about that time your parents suspended your phone privileges after you snuck in after curfew?

    If you thought those days were behind you, I’m here to tell you that using your phone in your car could soon be a way for you to relive your youth – in the worst possible way.

    The City of Cape Town has published its amended traffic by-law, regulating public transport vehicles and traffic within the city’s jurisdiction, for public comment, reports BusinessTech.

    One of the key aspects of the original by-law was the impoundment of cellphones of motorists caught using the devices while driving.

    Chairperson of the City’s Safety and Security Portfolio Committee, Mzwakhe Nqavashe, said the city will now actively use this section of the by-law to punish motorists.

    Instead of being either auctioned or destroyed, the by-law now makes provision for the phones to be donated to neighbourhood watches, NGOs or non-profit organisations.

    Nah, that’s not cool. Nobody should use their phone while driving, but you can’t just take someone’s phone (and all of the info on it) and hand it over to Karen from the neighbourhood watch.

    However this process is not automatic, and motorists have a number of opportunities to get their phone back should it be confiscated.

    “National legislation makes it illegal to use a cellphone while operating a motor vehicle, which means that a motorist will be fined if caught,” Nqavashe said.

    “In Cape Town, the traffic by-law stays true to legislation in this regard, but also makes allowance for the impoundment of cellphones by authorised officials.

    “This was the big talking point when the by-law was first introduced, but it was and remains part of the City’s efforts to reduce distracted driving and improve road safety.”

    That sounds a little bit better, and we’d all be a lot safer on the roads if people weren’t swiping on Tinder when they should be paying attention. That said, I feel like this could open up a whole new way for corrupt traffic officials to get their hands on a new cellphone.

    Cellphone confiscation isn’t the only amendment to the by-law.

    Notably, in terms of the draft document, authorised officials may, in the interest and the safety of the public, without prior written notice, impound vehicles where the:

    • Vehicle was involved in reckless or negligent driving or illegal street racing;
    • Vehicle is unlicensed or the licence disc has been expired for more than 90 days;
    • Vehicle is unregistered;
    • Vehicle is not fitted with licence plates;
    • Vehicle is damaged or is in a state of disrepair and is, in the opinion of the authorised official, not roadworthy;
    • Vehicle is a taxi which is being operated in contravention of the conditions of approval its operating licence or off the approved route;
    • Vehicle has been left abandoned;
    • Driver of the vehicle is unlicensed, or the driver does not have his or her driver’s licence available for inspection;
    • Driver of the vehicle is under the influence of intoxicating liquor or a drug having a narcotic effect; or
    • Driver did not stop when signalled to do so by an authorised official resulting in the driver having to be pursued and forced to stop.

    That’s a lot to remember, especially while you’re trying to keep your points down so that you don’t lose your licence to the new demerit system.

    I reckon it’s time to get on that hands-free kit you’ve been meaning to buy.

    [source:businesstech]

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