The Use Of Smartphone With Hands-Free Kit Is Legal

Drivers who use hands-free kit for handphones will not be breaking the law if they swipe or touch the display screen to make or receive phone calls. 

It is an offence under Rule 17A of the Road Traffic Rules 1959 to use a mobile while driving a vehicle unless it is equipped with a hands-free kit or holder.  Commissioner Datuk Seri Mat Kasim Karim of the Federal Police Traffic Investigation and Enforcement Department said the law is clear that no motorist should be holding a mobile while driving or even when at a standstill during traffic jams or at traffic lights. 

Motorists are still considered to be in "active driving mode" in such situations, according to him. According to Mat Kasim, the only exception to using a mobile in these situations is with the assistance of a hands-free kit or holder that is mounted in a convenient and safe manner for viewing the display screen.  "Using cellphones without a holder while driving would divert their attention away from the road." This can be dangerous and inconvenient if a driver is required to resume driving when traffic resumes moving," he said. According to Mat Kasim, dropping a mobile on the floor of a vehicle and attempting to pick it up while driving can also be dangerous because it can cause the driver to lose control of the vehicle. "Our hands must be on the steering wheel to safely manoeuvre our vehicle," he added.

He also stated that without a holder or hands-free kit, motorists can only use their cellphones by pulling over in a parking lot. He reminded drivers that stopping in the emergency lane without a valid reason is illegal. When asked if the use of smartwatches while driving is permitted, Mat Kasim stated that it is because it is not a hand-held device.  The police announced in 2020 that using a mobile while driving without the use of holders or hands-free kits was no longer merely a compoundable offence. It is recommended to consider purchasing vehicles with onboard connectivity features such as Apple CarPlay and Android Auto. If you intend to upgrade your in-car entertainment system, it is worthwhile to spend money on something with such connectivity. Those who receive summonses for the offence will be hauled to court and face a fine of up to RM1,000 or three months in prison. Repeat offenders face a double penalty.  Malaysia has one of the world's highest rates of road accidents and fatalities. For the record,  over 550,000 road accidents killed 6,080 people last year, more than 60% of whom were motorcyclists and their pillion riders.