Taking cell phone video on the road

| 29/11/2017

Just wondering what the actual cell phone and driving laws are here in Cayman. Is it legal to be driving with your phone on your dash recording a video of yourself ranting on about your latest beefs? Doesn’t seem to be paying attention to the road and can’t you wait until you get home to do your moaning about society?

Auntie’s answer: While I have previously addressed a question about talking on a cell phone while driving a car (see Upset by drivers using cell phones), this is the first time the situation you have described has landed in my inbox. But, basically, the same rules apply: under The Traffic Law, 2011, specifically defined hands-free use of a cell phone, which does not involve pressing more than one button, is permitted. Under that definition, it would not be illegal to record yourself using a mounted phone while driving.

However, that does not totally absolve the driver of any potential wrongdoing, as an RCIPS spokesperson explained. If a driver has an accident or is reported for “erratic behaviour on the road”, and it was determined to be due to “the use of an electronic device like a radio, cell phone, microphone or other, then other charges such as inconsiderate driving, driving without due care and attention, or careless driving may be considered”.

So, even though a driver may be within the law by recording him- or herself without holding the phone or pressing more than one button, if taking the video is found to have distracted the person and led to an accident, then that could very well be considered an offence. And, honestly, I cannot imagine why it would be vital for anyone to record themselves on the road. Save it for the privacy – and safety – of your home or under any other non-driving scenario.

The law mentioned in this column can be found on the CNS Library


Category: Ask Auntie, Traffic Questions

Comments (1)

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  1. Anonymous says:

    interesting. What constitutes a button? Does it include a virtual representation of a button on-screen? Is a finger print scanner a button?