IT'S a situation many have been in before – a call comes in while you're driving but you don't have your hands-free kit with you.
To avoid breaking the law that bans the mobile phone use while driving, you steer over to the emergency lane, stop the vehicle and answer the call.
However, are you actually allowed to do this?
Verdict:
FALSE
The Road Transport Department (JPJ) says motorists are not allowed to stop in the emergency lane without a valid reason.
JPJ senior assistant enforcement officer (policy) Norazman Nordin said Section 17A of the Road Traffic Rules 1959 (Amendment 1996) prevents the act of intentionally stopping a vehicle in the emergency lane to answer a phone call without using a hands-free device.
If found guilty, drivers can be fined up to RM2,000 or jailed for up to six months, or both.
"Answering a phone call is not considered an emergency, so motorists are not allowed to simply stop in the emergency lane.
"However, JPJ still adopts a diplomatic approach, including directing drivers who deliberately stop in the emergency lane to move along so as not to disrupt the smooth flow of traffic," he said on Thursday (March 12).
Apart from answering phone calls, other reasons often given by road users for stopping in the emergency lane include taking pictures while in a convoy and needing a rest because they are too tired to drive.
Norazman added that using a smartphone while driving is among the seven major offences under the Road Transport Act 1987, which carries a RM300 fine.
"Many assume that using a phone while driving only refers to answering calls when in fact even scrolling through the screen is an offence.
"Offenders may also accumulate demerit points, which could lead to the revocation of their driving licence and a freeze on reapplications for up to 12 months," he said.
