Cell phone (illustrative)
Cell phone (illustrative)Flash 90

A ruling handed down Tuesday morning in the Supreme Court ruled that holding a mobile phone while driving, even if not using it, is considered an offense.

Judge David Mintz, who discussed the appeal filed by a resident of Jerusalem following his conviction of driving while using a mobile phone without a device enabling hands-free use, stated that holding the cell phone without using it also constitutes an offense that endangers the life of the driver and his surroundings.

"The wording of the regulation is very clear that when the vehicle is in motion, the driver will not hold on to a fixed or mobile phone, and will not use them," the judge wrote, adding that "Regulation 28 (b) is intended to add to Regulation 28 (a), whose goal is to ensure the holding of the steering wheel or handlebar with both hands.

"Regulation 28 (a) allows, as stated, the removal of one hand from the steering wheel or handlebar, to the extent necessary for the purpose of ensuring the proper operation of the vehicle or for the fulfillment of traffic rules. On the other hand, Regulation 28 (b) adds a prohibition on Regulation 28 (a) and states that in no case should the phone be held or used without a hands-free device," the ruling states.