Threat of $500 fine proves no deterrent for handheld offenders
Drivers distracted by electronic devices, during a time of rampant traffic collisions said by police to occur four to six times daily, warrant stricter treatment, according to the Bermuda Road Safety Council.
Driving while using “a handheld mobile telephone, a handheld device or a handheld electronic entertainment device” is punishable by a fine of up to $500 for a first offence under the Traffic Offences (Penalties) Amendment Act 2011, with up to $750 for a second within two years of conviction and a $1,000 fine, or six months in jail, for a third offence within the same time.
The law took time to clarify over the interpretation of what constituted “use” of a device.
However, in its early years, the offence prompted regular appearances in Magistrates’ Court, with 147 court appearances in the first six weeks of 2012.
Exceptions were allowed, such as the case of a doctor making an emergency call while driving.
The legal definition of using a device while driving was ultimately settled by the Supreme Court in 2014.
Ticketing for driving while using a device appears to have dropped in the years since, however: there were four tickets reportedly issued for use of a handheld device while driving during a two-week period in 2022 in which police handed out 538 tickets overall.
Under Operation Vega, a crackdown on poor driving habits launched by the police in July 2021, the offence has ranked comparatively low in police statistics.
Four drivers were caught with a handheld device in the month of August 2023.
Dennis Lister III, the chairman of the BRSC, told The Royal Gazette last week that the watchdog had observed that “the prevalence of driving while using a handheld mobile device is increasing, which is bad and dangerous behaviour”.
Mr Lister added: “One factor contributing to this trend is the lack of accountability and responsibility of drivers to refrain from using a mobile device, as well as the lack of a police presence.
“To support the Bermuda Police Service in their efforts, we are looking forward to the full introduction of the new CCTV system to deter and ultimately change this dangerous driving behaviour.
“We support the penalties provided under the law for offenders; however, the enforcement and catching of offenders is the first step to bringing about the necessary change.”
Convictions for using a handheld device soared by 90 per cent last year in England and Wales after the deployment of high-tech speed cameras that were capable of catching drivers using a phone.
In Britain, drivers caught handling a mobile device while behind the wheel now face a £200 fine with six penalty points on their licence.