9.2 Phones, Distractions, Fatigue and Fitness to Drive
Key Takeaways
It is an offence to drive while holding, manipulating, talking on or using a cellular phone; the maximum penalty is BBD $2,000 or 12 months (reg. 148).
Hands-free calls are allowed only if the phone is paired, not held, voice-activated or needing one touch, and used without an earpiece or headset (reg. 148A).
Holding or using other devices, such as tablets, laptops, pagers and games, carries up to BBD $2,000 or 18 months (reg. 148B).
Earphones and earplugs are banned while driving, except hearing aids, and music audible to a police officer about 10 metres away can be an offence (regs. 147 and 34).
If you feel tired or sleepy, stop somewhere safe and rest.
A driver who looks at a phone for two seconds at 60 km/h travels more than 30 metres without watching the road. Barbados law targets the main sources of distraction directly.
Cellular phones (reg. 148)
Inserted by the Road Traffic (Amendment) Regulations, 2017 (S.I. 2017 No. 106):
- No person shall drive or operate a vehicle on a road or a highway while at the same time holding, manipulating, talking on or using a cellular telephone.
- "Using" includes holding the phone to or near the ear (whether or not on a call), creating, sending or viewing a text or video message, turning the phone on or off, and operating any other function.
- Penalty: a fine of BBD $2,000 or 12 months' imprisonment, or both.
The regulation contains no exception for being stopped in traffic. If you must handle your phone, park safely off the road first.
Hands-free mode (reg. 148A)
You may talk on a phone while driving only in hands-free mode, which means the phone:
- is connected to or paired with an electronic device (such as the car's system);
- is not held or operated by hand;
- is voice-activated, or needs one touch to start, accept or end a call; and
- does not require wearing an earpiece or headset. Wearing one is not allowed.
Even a hands-free call takes attention away from driving. Keep calls short, or let them go to voicemail.
Other devices (reg. 148B)
No person may drive while using, holding, viewing or manipulating a radio communication device, portable electronic device or wireless device that can send or receive telephone calls, data, email or text. "Portable electronic device" includes personal digital assistants, hand-held devices with mobile data, laptops, pagers, broadband and two-way messaging devices, electronic games and portable computers. The penalty is BBD $2,000 or 18 months.
Who is exempt (reg. 148C)
Only drivers of emergency vehicles (ambulance, police, Barbados Defence Force, Department of Emergency Management, Fire Service and Prison Service units) acting within the scope of their duties, where use of the device is required. There is no general exemption for calling an emergency number while driving. Pull over safely first.
Instructing a learner (reg. 148D)
A person instructing a learner who is driving must not use a phone or device. The maximum penalty is BBD $2,500 or 2 years (see 1.2).
Earphones, screens and noise
- Earphones and earplugs. No person may wear an earphone, earplug or anything else in their ears while driving, except a hearing aid or other medically prescribed device (reg. 147).
- Television screens. A screen must not be visible to the driver in the driving seat (reg. 38).
- Music and radio. Driving a vehicle in which music or a radio is played "to the annoyance or disturbance of any person" is an offence, and it is enough that a uniformed police officer can hear it from about 10 metres away (reg. 34). Barbados test papers ask the longest distance at which music from your vehicle should be heard. The answer is 10 metres.
- Public service vehicles. Music may not be played in a motor omnibus or minibus (reg. 42A).
Fatigue
Tiredness causes serious crashes, especially at night and after long working days. Barbados test papers ask what to do if you feel tired or sleepy while driving. The answer is stop somewhere safe and rest. Opening a window or turning up the radio does not cure fatigue. Warning signs include yawning, heavy eyelids, drifting out of lane and not remembering the last few kilometres.
Eyesight and medical fitness
- The Licensing Authority must be satisfied that your vision, hearing and physical and mental fitness are adequate before issuing a licence or learner's permit, and may require a medical certificate or test (s.66).
- Glasses and contact lenses. Wearing them does not stop you driving. Barbados test papers include the statement "people who wear spectacles or contact lenses should not drive," which is false. If you need them to see properly, wear them every time you drive.
- From age 70, a medical certificate is required for each renewal, and licences are renewed for no more than one year at a time (s.76).
- If an illness or medicine affects your ability to drive, do not drive until it has passed and your doctor agrees.
Other distractions
Eating, adjusting a navigation system, looking at a crash scene, or arguing with passengers all take your attention away. Set up music and navigation before you set off, and ask passengers to help rather than distract.
What is the maximum penalty for driving while holding and using a cellular phone under regulation 148?
A fine of BBD $200 or 1 month's imprisonment
A fine of BBD $500 or 3 months' imprisonment
A fine of BBD $2,000 or 12 months' imprisonment
A written warning on the first occasion
Which phone use is allowed while driving under regulation 148A?
A call through a single wireless earpiece
Reading a text while stopped at a red traffic light
A hands-free call on a paired phone, with no headset
A call on speaker with the phone held at the chin
What does regulation 34 treat as enough to prove that music from a vehicle is causing annoyance?
A uniformed officer can hear it from about 10 metres away
A neighbour makes a written complaint the next day
A uniformed officer can hear it from about 50 metres away
A uniformed officer can hear it from about 100 metres away
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