MHA: Eating, drinking and smoking while driving becomes an offence if they lead to an accident in Singapore

SINGAPORE: The Ministry of Home Affairs (MHA) has clarified that eating, drinking or smoking while driving a vehicle isn’t against the law in Singapore by itself. It’s only whether those actions distract the driver enough to cause careless or dangerous driving.

The clarification follows proposed changes to Singapore’s road traffic laws that would make it an offence to simply hold a mobile phone while driving, even if it isn’t being used. The proposed amendment is to reduce driver distraction without requiring traffic police to prove that the phone was in use.

The ministry said mobile phones pose a much higher risk of distraction than eating, drinking or smoking, which is why the Bill focuses on handheld communication devices, Mothership reported (July 10).

Phone laws will become stricter

Under the proposed Road Traffic (Miscellaneous Amendments) Bill, motorists would commit an offence by holding a mobile communication device while their vehicle is moving.

The change removes the need for traffic police officers to prove the device was being used. The law covers mobile phones, tablets, smartwatches and other handheld or wearable devices designed for communication.

Singapore first tightened its mobile phone driving laws in 2014. Those changes made it illegal to hold and use communication devices while driving, including browsing the internet, using social media or downloading content.

Distracted driving can still lead to legal charges

MHA stressed that drivers are still expected to stay fully focused on the road and keep proper control of their vehicles.

A driver who eats, drinks or smokes while driving could still be charged if those actions contribute to careless, reckless or dangerous driving, or lead to an accident.

The ministry urged motorists to avoid anything that distracts them or puts themselves and other road users at risk. Holding a sandwich isn’t automatically illegal, but taking your eyes off the road or your attention away from it can have legal consequences.

Fake AI video/photo evidence of drivers committing offences will face legal action

The proposed changes will also allow the Traffic Police to use photographs and videos submitted by members of the public when enforcing the law for these offences.

With artificial intelligence (AI) making fake images and videos easier to create, MHA said officers will assess all available evidence and the facts of each case before deciding whether an offence has been committed.

The ministry added that anyone who knowingly submits false information will face action under the law.

Penalties stay the same

The proposed Bill doesn’t increase the penalties for holding a phone while driving. A first offence prosecuted in court carries a maximum fine of S$1,000, up to six months’ jail, or both. Repeat offenders face fines of up to S$2,000, up to 12 months’ jail, or both.

Drivers caught committing the offence in school zones, Silver Zones or Friendly Streets Zones also face an extra S$100 fine and two additional demerit points.

The Bill has been introduced in Parliament and will return for its second reading before Members of Parliament vote on it during the third reading.

Road safety laws work best when they keep pace with changing habits and technology. Tightening the rules on handheld phones makes sense, but staying alert behind the wheel has always been every driver’s responsibility, whether they’re holding a phone, having a drink, or nothing at all.

Read related: MHA new road traffic bill: Jail and fine for holding mobile devices while driving, even without using them, under latest proposed law amendments on SG roads