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Court rules checking GPS while driving jailable offense
The petitioners argued that the phrase “using a telephone” should not include drivers who were checking the GPS on their phones to determine the route to their destination.
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GPS has become a must-have tool while driving as it helps drivers to navigate unfamiliar routes. However, constantly checking the GPS can cause an accident. (Shutterstock/File)
T
he Constitutional Court has ruled that checking the GPS on a mobile phone while driving is punishable by up to three months' imprisonment, as stipulated in the 2009 Traffic Law.
“Drivers’ concentration must not be disturbed by using a GPS application on a mobile phone while driving because that will cause a loss of attention that can result in a traffic accident,” the court’s ruling, which was handed down on Wednesday, stated.
A group of car drivers called the Toyota Soluna Community along with an online ojek (motorcycle taxi) driver named Irdan had submitted a judicial review petition on articles 106 and 283 of the law, which states that all drivers must drive with full concentration, without being distracted by “illness, tiredness, sleepiness, using a telephone or watching a television or a video that is installed in the vehicle.” Violation of the article is punishable by up to three months' imprisonment and a maximum fine of Rp 750,000 (US$53.06).
The petitioners argued that the phrase “using a telephone” should not include drivers who were checking the GPS on their phones to determine the route to their destination.
“In their activities [the Toyota Soluna Community] often depends on the satellite-based navigation system available on smartphones.[Irfan] also depends on smartphone GPS on a daily basis,” the petition stated.
“The use of GPS by the petitioners does not disturb their concentration because it is only placed on parts of the car or motorcycle that are easily visible, so the petitioners feel that their constitutional rights are being abrogated by articles 106 and 283 [of the Traffic Law].”
The court rejected the petition, saying that while checking the GPS did not automatically mean that a driver’s concentration was impaired, it was still a possibility and no special exception should be made.
“[The court] rejects the petitioners’ petition entirely,” the ruling read. (kmt)
