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Cellphones while driving: what the law allows and what it does not

2 min readUpdated 13 October 2026

Using a cellphone is one of the most common forms of distracted driving. South African law is clear about it, and the K53 test usually asks two things: what you may not do, and the narrow cases where phone use is allowed.

Common driver distractions
Anything that takes your eyes, hands or mind off the road is a distraction.

The rule

No person may drive a vehicle on a public road while holding a cellphone or any other communication device in one or both hands, or with any other part of the body. That covers making or taking calls, typing or reading messages, and using apps or the internet. Wedging the phone between your shoulder and ear is also illegal.

Being stopped at a red robot or in a traffic jam does not count as parked. You are still driving, so the rule still applies.

What is allowed

  • Hands-free use. You may make, take or end a call if the phone is secured in a mounting fixed to the vehicle, or you use a hands-free kit or headset, and you touch the phone only briefly and infrequently.
  • A genuine emergency. You may use the phone to make an emergency call when it would be unsafe or impractical to pull over first.
  • After stopping safely. If you need to hold the phone, pull over where it is safe and legal to stop, then use it.

Legal is not the same as safe

The K53 safety material lists talking on a hands-free phone among the distractions to avoid. Research quoted in the manual found that listening on a phone alone reduces the brain activity linked to driving by 37%. Keep calls short, or let them go to voicemail until you stop.

Other distractions the manual lists include eating, adjusting the radio or air conditioning, reading maps, reaching into the cubbyhole, smoking, and dealing with children or pets. If something needs your hands or eyes for more than a moment, stop first.

Test yourself

These questions come from the K53TestsOnline question bank. Choose an answer to see if you are right.

Test yourselfRules of the road

You may use a mobile phone while driving...

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Test yourselfRules of the road

No person shall drive/ride a vehicle on a public road while...

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