If you're caught driving with your phone, officials are allowed to confiscate it

City officials in the Cape confiscates cell phones from motorists caught using their devices while driving.

JP Smith, Mayoral Committee Member for Safety, Security and Social Services tells CapeTalk's John Maytham that the national legislation says you are not allowed to operate your cell phone while driving.

If the engine is running and you are sitting behind the wheel you are not allowed to operate your phone says Smith.

I have sympathy with people who are standing still because the intention is to deal with moving violations, but the law says you're not supposed to be operating your phone while in control of your vehicle. So that means that the officer is acting correctly.

JP Smith, Mayoral Committee Member for Safety, Security and Social Services, City of Cape Town

We are revising the traffic by-law in due course. It may be possible to differentiate when to impound a vehicle and charge a motorist based on whether or not a vehicle is moving or not.

JP Smith, Mayoral Committee Member for Safety, Security and Social Services, City of Cape Town

Smith says the operation to confiscate cell phone devices is not about money because for the longest time an impoundment release fee didn't exist.

The leading cause of death in some of the research we looked at is the result of cell phone distraction.

The fee we charge is cost recovery related. The money we make goes into the bottomless budget.

JP Smith, Mayoral Committee Member for Safety, Security and Social Services, City of Cape Town

For more on how you could be violating road rules while on your phone listen to the clip:


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