Motorists would not be breaking the law if they use hands-free kits or phone holders when operating the touch screen of a smartphone to make or receive phone calls, The Star has reported.

The report cites Rule 17A of the Road Traffic Rules 1959 as saying that it is an offence to use a cellphone while driving a vehicle unless it is with a a hands-free kit or phone holder, and as such, it is permissible to swipe and touch the screen of a cellphone that is mounted in a car with a holder.

According to federal police traffic investigation and enforcement department (JSPT) director, commissioner Datuk Seri Mat Kasim Karim, the law is clear on the matter that no motorist should be holding a cellphone when a car is in motion or even when at a standstill during traffic jams or at traffic lights.

“Using cellphones without a holder during such situations would mean diverting their attention away from the road. This can pose a danger and inconvenience when a driver is required to resume driving when traffic starts moving again,” the JSPT director told The Star.

Instances of accidentally dropping a phone on the vehicle floor and attempting to retrieve it while driving can also lead to the driver losing control of their vehicle, Mat Kasim added. In the absence of a phone holder or hands-free kit, motorists may only only their phones by stopping their vehicles in a parking lot, and reminded motorists that stopping in an emergency lane without a valid reason is an offence.

When asked if the use of smartwatches while driving is allowed, Mat Kasim said this is permitted as smartwatches are not considered hand-held devices.

In 2020, the police announced that using a cellphone without the aid of a holder or hands-free kit while driving was no longer just a compoundable offence, and instead the offenders issued with summonses for the offence would be brought to court, and could face a fine of up to RM1,000 or imprisonment of up to three months, and the penalties are doubled for repeat offenders.

There is ample research that finds cellphone usage while driving can lead to accidents, said Universiti Putra Malaysia (UPM) associate professor Law Teik Hu. “Drivers who are partially focused on the road has only a 50% ability to spot oncoming hazards and a 50% ability to react to avert the danger,” Law said.

“This declines further if a driver is texting with his cellphone, even at low speeds. Motorcyclists, especially ehailing riders who often use their cellphones while riding their machines, are at higher risk of an accident,” he added.

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