03 July 2012
Legislation introduced in Cape Town that gives authorities the right to confiscate cell phones that are being used by motorists whilst driving, as well as fining the offender, should be rolled out nationally in order to bring down the number of road-related accidents according to Helen Szemerei, CEO at IntegriSure.
The new bylaw which was introduced at the beginning of July is part of the province’s campaign to cut the number of road deaths in half by 2014. Motorists who are caught using a cell phone without a hands-free kit will have their cell phones confiscated for 24 hours and will pay a R500 fine for their first offence, which can increase to up to R2 000 for subsequent offences.
According to Szemerei, considering the amount of accidents caused as a result of drivers using cell phones, the introduction of heavy penalties by authorities to force discontinuation of this type of behaviour, should eventually translate into cheaper premiums for all motorists. “This ruling is likely to result in fewer claims being paid due to a decrease in the number of accidents. Fewer claims mean a larger pool of premium funds and should therefore result in a subsequent relief in motor insurance premiums.”
“Cape Town has had a lot of success in reducing the number of road-related deaths and it is crucial that the success of this new initiative is monitored to determine whether it should become a national law. If it does result in fewer accidents on the roads then we would advocate this legislation being rolled out to all provinces.”
She notes however, that while hands-free kits definitely reduce the level of risk a motorist faces, one of the biggest problems remains the fact that many drivers with hands-free kits still engage in texting whilst driving. “Global studies have repeatedly shown that texting while driving causes more accidents than talking, as the motorists’ eyes are taken off the road.”
Szemerei notes that while the decision to repudiate a claim will vary from insurer to insurer, this would need to be based on reliable evidence that the accident was caused as a result of having used a cell phone without a hands free set. “Most insurance contracts contain a duty of care clause, which stipulates that the insured must exercise all reasonable precautions in order to prevent damage to insured property; therefore, using a cell phone whilst driving may be viewed as being negligent and reckless.”
She says most motorists who have used their cell phones whilst driving without a hands-free kit, have at some point experienced the distraction it causes and if lucky, are likely to have experienced narrow escapes. “Motorists should take personal responsibility for their own safety, as well as that of others on the roads, by putting a stop to any behaviour that may pose a real threat to the lives of others and their own.”
“Motorists who are caught using their cell phones whilst driving have been subject to fines before but the threat of having their phones confiscated for a period of time may be the incentive that people need to stop engaging in such risky activity.”
“It is imperative that South Africans start taking the risks associated with driving seriously. People should only use their cell phones whilst driving in cases of emergencies and only then if they have a hands-free kit installed. If not, they should pull over to make a call,” concludes Szemerei.
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