WHAT DOES IT MEAN TO “USE” AN ELECTRONIC COMMUNICATION DEVICE

Section 121 of the Road Traffic Act (RTA) 2018 make it clear that: A person shall not drive or operate a vehicle on a road while using an electronic communication device, except where used in hands-free mode.

So common sense would indicate that the offence is committed if you are using your phone – meaning having it in your hand AND making or receiving a call. Common sense will also say that simply having it in your hand because you own it and because you feel like keeping it in your hand, in not Police business – if you are not texting, or dialing or speaking on the phone you are not using it.

Unfortunately, common sense and legal definition are not the same thing and when you are ticketed, or have to defend a ticket in court, common sense will be of no help.

Let us get to the bottom of this by understanding the terms

- Electronic communication device, and

- Using

1. Electronic communication device.

This is what the RTA says: “electronic communication device” means a mobile telephone or other hand-held electronic device that includes a telephone or other telecommunication function, other than a two-way radio.

So the core element is the telephone. So, phone by itself, phone + camera, phone + music player, phone + watch, or phone + anything makes it an electronic communication device.

2. Using a device.

This is what the RTA says: “use”, in relation to an electronic communication device, includes one or more of the following actions—

(a) holding the device in a position in which it may be used;

(b) operating one or more of the device’s functions;

(c) communicating orally by means of the device with another person or another device;

(d) taking a prescribed action in relation to an electronic communication device.

So the following are all examples of “Using” a device.

The photographs may make the interpretation simple, but consider the following cases

1. You simply put the phone in your hand for a second to see the time display and quickly return it to your pocket or to its holder

2. You move the phone from the passenger seat and put it in your shirt pocket

3. You have it in your hand with no intention of looking at it or “using it”

4. You phone fell to the floor and you retrieve it and glance at it briefly

In all of these cases, Squaddie may well be justified to have a discussion with you and to offer you a ticket!

Please note that:

 you are not deemed to be driving or operating a motor vehicle, and free to use your phone where the vehicle is:

 (a) off the road or is lawfully parked on the road;

(b) not in motion; and

(c) not impeding traffic.

Waiting at a traffic light and checking you phone will get you a ticket as you are not parked.

Please be aware that checking or adjusting your radio or navigation system will not you a ticket under this section, as these are not electronic communication devices.

 Please also note that everything above is about cell phones and do not apply to Electronic Visual Devices, which are dash cams, baby monitors and front mounted infotainment centers. They are another story completely and are covered under section 122 of the act.

The Road Traffic Act may be downloaded at https://japarliament.gov.jm/attachments/article/339/the%20road%20traffic%20act%202018.pdf