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Mr. Judge, true (no?) I spoke

A traffic cop recorded you using a cell phone while driving?

This is a serious offense even if you did not talk on the phone and just grabbed it or used other software.

What does the law say and how did the Supreme Court rule on the issue?

Tags

• driving

• Traffic violations

Adv. Shai Gilad, in collaboration with Adv. Shai Gilad

Monday, 02 September 2019, 09:27

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Many of the drivers accused of this offense are resentful, as they claim they did not talk on the phone but used the apps (Photo: ShutterStock)

The Israel Police, which considers the use of a cell phone while driving to be a serious and potentially high-risk offense, is exercising increased enforcement in this matter using unconventional means. For example, police officers riding motorcycles and equipped with helmet cameras travel between cars, approach the driver's window and document that he is using the phone. Many of the drivers accused of this offense are resentful, as they claim they did not talk on the phone but used various apps or grabbed the phone without making any use of it, or just just put it aside.

Before we understand how the Supreme Court dispelled the fog of various allegations raised by drivers, let us become acquainted with the regulations relating to the subject.

Regulation 28 of the Traffic Regulations stipulates that the steering wheel or handlebars must be held unless the driver is required to remove one hand from the steering wheel or handlebars to do something to ensure the proper operation of the vehicle or to comply with traffic rules. The regulation emphasizes that the driver must not hold a landline or mobile phone, which can only be used with a hands-free device, and that it must not send or read text messages.

Not holding red

In a case brought before the Supreme Court, police noticed a driver holding a mobile in his left hand while the vehicle was in motion. Police officers called the driver and demanded he stop on the side.

The traffic court that heard the charge in the first instance rejected the driver's version that he did not use the device at all and that when he held it in his hand, he was standing at a red light. The court further ruled that even if the driver had been at the traffic light, it was still an offense, according to the regulation.

Defendant did not reconcile with the verdict, and appealed to the district court dismissing his appeal.

The determined driver refused to accept this decision as well, and so the case reached the doorstep of the Supreme Court.

As for the driver's claim that the device was in his hand only when the vehicle was at a red light, the court ruled that he trusted the testimony of the police officers.

The Supreme Court has also reinforced the emphasis given in previous instances that holding a mobile phone while driving is, in itself, an offense under regulations and that there is no need to prove exactly how the driver used the phone while driving the vehicle.

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To the full article

When the vehicle is in motion, the driver will not hold a landline or mobile phone, and will not use them (Photo: Nir Ben Tovim, manufacturer)

Holding the steering wheel in both hands

according to the Supreme Court, a wording of a regulation stating that while the vehicle is in motion the driver will not hold a landline or mobile phone, and will not use them, is clear. These are two separate and independent prohibitions that apply to both grip and use. The two prohibitions are not intertwined and do not depend on each other, that is - there is a prohibition to hold the phone even if it is not used. Moreover, the ban on using the phone while driving is intended to add to the guarantee of grip of the steering wheel or handlebars with both hands.

The court further clarifies that the two prohibitions are intended to prevent distraction from driving, whether due to the grip of the phone while driving or due to its active use, as both the grip and the use of the phone while driving materially impair the driver's ability to drive safely without endangering the environment. Himself and other road users.

Adv. Shai Gilad is one of the most prominent lawyers in the field of transportation

Phone: 053-9374959

Article courtesy of ZAP Legal Website

* The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for taking proceedings or avoiding proceedings.

Anyone who relies on the information in the article does so at his own risk.

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