‘Drivers ticketed for cellphones in laps’ – police address unfair ticketing allegations
Noting that it has received a number of complaints from motorists who have been ticketed under circumstances that do not constitute a violation of the law, the Jamaica Constabulary Force (JCF) High Command on Friday said it remains committed to “to fair and just enforcement of the law” and has begun taking steps to rectify any “misapplications.”
In a release, the JCF said it has heard of persons being ticketed for having a cellphone in their laps, having the device mounted on the dashboard for navigation purposes as well as use of the device after pulling off the road and stopping the vehicle.
Against this background, the JCF said it recognises the need for clarity and fairness in the enforcement of the law.
“The JCF High Command has noted the recent concerns raised by members of the public regarding the issuance of traffic tickets for the use of electronic devices while driving. We understand the importance of ensuring road safety and minimising distractions, which is why the Road Traffic Act (2018) was enacted. However, we also recognise the need for clarity and fairness in the enforcement of this law,” the statement read. “In response to these concerns, the JCF High Command has issued detailed guidance to our members to ensure that traffic tickets are issued only in situations that align with the provisions of the Road Traffic Act (2018).”
The statement went on to highlight that drivers should only be prosecuted if the device is seen in their hands or if they are actively engaging with the device (eg, dialling, texting, watching videos). Drivers can also be prosecuted if using a device while in a live traffic lane, even if stopped at a light. It also revealed that mounted devices displaying live images can also lead to prosecution. The violation of using cellular phones and other electronic devices while driving carries a $10,000 fine.
Meanwhile, the JCF also said that its members will be issued guidelines internally, adding that failure to adhere to the guidelines will result in disciplinary action.
“The JCF remains dedicated to promoting road safety and protecting all road users through collaboration with our partners. We encourage the public to continue to adhere to traffic laws and to be responsible when engaging with electronic devices,” the police said.
