Cops to seize drivers’ cellphones

This driver was spotted using his cellphone on the N2. Picture: Ayanda Ndamane

This driver was spotted using his cellphone on the N2. Picture: Ayanda Ndamane

Published Mar 10, 2011

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Cape Town drivers who talk on their cellphones will have their phones confiscated by the Ghost Squad traffic officers, the City of Cape Town says.

This new plan came after a report on Tuesday which was met by a “groundswell of support”, according to mayoral committee (Mayco) member for safety and security JP Smith.

“This has caused a legislative amendment,” he said on Wednesday night.

The report said drivers who continued to talk or SMS were to be nailed by a new city campaign that included heavier fines and the possibility of jail time.

The tough new measures will be introduced when a new traffic by-law is passed in April, after consideration by the Transport and Safety portfolio committees and Mayco.

On Tuesday, the new by-law excluded confiscation. The city had removed it because of logistical and ethical concerns.

But Smith said: “We had such positive feedback on the article that we have now decided to reinstate (the clause).”

However, he said the measure would apply only to third-time offenders.

“We thought it could be too logistically difficult to implement, and too harsh to impose on first-time offenders.

“We’re aware that a lot of people will be vehemently opposed (to the legislation). Often a phone is an essential emergency tool - but a third-time offender is equally as dangerous on the road. You must weigh the inconvenience to him of not having his phone against the lives he may take when he smashes into someone while texting.”

Smith said the city would develop protocols for the confiscation of cellphones.

Only the Ghost Squad, which patrols in unmarked cars, would confiscate phones and would have to adhere to set procedures.

“We have been working on a ‘prior offences register’ which will allow officers to see a motorist’s record. This confiscation plan would only be implemented once this register is fully developed,” Smith said.

Before a phone was confiscated, a motorist would be allowed to remove the SIM card and turn off the phone.

The officer would then seal the phone in a plastic container and formally impound it within one hour of confiscation.

“People are going to scream blue murder but we believe it would instantly make this (cellphone) behaviour go away,” Smith said.

Provincial transport MEC Robin Carlisle said people who repeatedly used cellphones while driving were “incorrigible and irredeemable potential killers on the road”.

“I can’t see any reason they shouldn’t take his phone away. I would fully support this.”

Smith said he would be taking the amended by-law to Mayco next week, after which the full council would vote on the matter. If passed, the new penalty would be in place within 12 months. - Cape Argus

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