Motorists who use phone while driving should be given three strikes before losing their vehicle: commentator

A commentator is asking for stricter fines to be implemented for drivers caught on their phones. Photo / 123RF

A motoring commentator says a three-strike law should be implemented resulting in the loss of a vehicle for motorists who repeatedly use their phone while driving.

The call comes as motorists overseas receive fines upwards of $500 for the crime but those in New Zealand only receive $80 fines and 20 demerit points.

But the Ministry of Transport says it will consult later this year on the "most effective approach" to penalties across the entire transport system.

The Herald reported today that nearly 50 lives have been lost in the last decade and 180,000 people fined since it became illegal to use your phone while driving.

Clive Matthew-Wilson said drivers in New Zealand would be deterred from using mobile devices if police had the power to permanently seize phones.

"Lots of people will undoubtedly get upset, but not as upset as the families that have lost a loved one in a preventable road accident."

He suggested first-time offenders should have their phones seized and if caught a second time they permanently lose their phone and phone number.

"Third offence you lose your cellphone, your number and your car for seven days," he said.

"I guarantee that this strategy will dramatically reduce the numbers of people using cellphones while driving."

Veteran motoring commentator Clive Matthew-Wilson. Photo / File

In the United Kingdom drivers using their phones are fined £200 (NZ$382). Australian penalties differ by state but those in New South Wales are fined $337 (NZ$354), Queensland $391 (NZ$411) and in Victoria $484 (NZ$508).

Since it became illegal to use your phone while driving in New Zealand a decade ago, more than $14 million in fines was issued to 180,170 drivers, police figures reveal.

Provisional data from the Ministry of Transport shows 46 people died on the nation's roads between 2009 and 2018 after drivers were distracted by phones.

MoT manager for mobility and safety Brent Johnston said the organisation is looking at how they treat infringements across the land transport system.

"This includes the infringement fees and penalties for using a mobile phone while driving," he said.

"As we develop the new road safety strategy we are looking to ensure measures designed to achieve deterrence and change driver behaviour are effective.

"We want every road user to feel and be safe when travelling on our roads and highways, and enforcement plays an important role in reducing the number of deaths and injuries from road crashes."

But harsher penalties aren't likely to change things if drivers aren't caught in the first place, AA road safety spokesman Dylan Thomsen said.

About 1-in-40 drivers were using a phone at any one time, with only a fraction of those users caught committing the offence.

"Like any road safety issue it needs to be tackled in multiple ways to make a significant difference," Thomsen said.

"If you look at Australia, which has much higher fines, a recent operation found higher rates of cellphone use by drivers in their cities than New Zealand ones.

"Penalties and enforcement are part of that but getting people to better understand the risks themselves and then decide to leave the phone alone is crucial."

Penalties for phone use while driving around the world

• More than 30 countries have made it illegal to use a hand-held device while driving.

• In 2008, nearly 6000 people in the United States were killed in crashes involving distracted drivers.

• A person who admits a violation in the American state of Indiana is fined a maximum of US$35.50. However, if they are convicted of two or more violations within five years they can be fined up to US$500.

• Motorists in the United Kingdom can be fined NZ$382 and those who passed their driving test within the last two years can lose their licence.

• Penalties differ between states in Australia. Those in New South Wales are fined NZ$354, Queensland NZ$411 and in Victoria NZ$508, Western Australia NZ$420, ACT NZ$470, Northern Territory NZ$262, South Australia an expiation fee (can range from $50 to several hundred dollars) and Tasmania NZ$315.