Mounting a phone on a motorbike has become prevalent for convenience, particularly among ride-hailing drivers. However, the legality of this practice remains unclear. In this article, we’ll explore whether mounting a phone on a motorbike attracts penalties and provide an overview of the latest regulations.
New Regulations on Phone Use While Riding a Motorbike
Article 30, Clause 3 of the 2008 Road Traffic Act stipulates that drivers of motorbikes and mopeds are prohibited from using mobile phones or audio devices, except for hearing aids. Therefore, operating a motorbike while using a phone is a violation of the Road Traffic Act.
Furthermore, according to Point H, Clause 4 and Point C, Clause 10, Article 6 of Decree 100/2019/ND-CP, amended by Decree 123/2021, motorbike and moped riders who use mobile phones while driving face fines ranging from 800,000 to 1,000,000 VND. Additionally, those who resist law enforcement officers or cause accidents may be subject to further penalties such as having their driving licenses revoked for 1-3 months or suspended for 2-4 months.
Is Mounting a Phone on a Motorbike a Punishable Offense?
Whether mounting a phone on a motorbike attracts penalties depends on whether the phone is being used. If it’s simply mounted but not in use, there’s no offense since there are currently no regulations prohibiting the mounting of devices on vehicles. However, if the phone is mounted and used while riding, it’s a clear violation that will result in fines. If traffic police or other authorities observe this offense, administrative penalties will be imposed as per the law.
In practice, however, it can be difficult to observe this offense since using a phone mounted on the handlebars is often a quick action. Consequently, law enforcement agencies typically issue warnings rather than penalties. Nonetheless, regardless of the likelihood of being penalized, it’s strongly advised against mounting phone holders on motorbikes and using phones while riding due to the significant safety risks involved.
Is Using Headphones While Riding a Motorbike a Punishable Offense?
Similar to the question of whether mounting a phone on a motorbike attracts penalties, many individuals wonder if using headphones while riding is an offense. The answer is YES. Both wired and wireless headphones are considered audio devices. Wearing headphones, even just one earbud, to listen to music, follow directions from navigation apps, or answer phone calls, is a violation of road traffic regulations and will result in administrative penalties.
Potential Hazards of Mounting a Phone on a Motorbike
Mounting a phone on a motorbike poses numerous potential hazards, including:
- Phones are typically mounted in front of the rider’s view, and accessories like sunshades or rain covers can further obstruct visibility for the rider or other drivers or riders behind.
- Mounting a phone on a motorbike can be highly distracting. You may be drawn to check app notifications, respond to messages, or read important news, which can lead to negligence in riding and impair your ability to react to sudden traffic situations, endangering yourself and others.
- The mounting position of the phone often makes it visible and vulnerable to theft, increasing the risk of losing your property or falling due to the sudden impact of someone attempting to snatch it.
- Using a phone while riding inevitably slows you down. This can obstruct the flow of traffic, causing other vehicles to slow down behind you or have to overtake, and can even lead to abrupt stops if you suddenly pull over to answer a call.
Therefore, mounting and using a phone on a motorbike is strongly discouraged. To ensure safety and avoid legal violations, it’s best to refrain from using your phone while riding. If you need to make an urgent call or attend to a work-related matter, pull over to the side of the road after signaling and indicating your intention to stop.
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