Google Maps, the steering wheel and Regulation 132: Why L.I. 2519 needs a navigation exemption

Regulation 132 of the Road Traffic Regulations, 2026 (L.I. 2519) in Ghana, enacted on 28 May 2026, stipulates that a person shall not drive a motor vehicle while holding, using, or operating a cellular or mobile telephone or any other communication device in one or both hands, as stated in Regulation 132(1). The regulation defines a communication device as one that performs interactive communication functions, including sending or receiving oral or written messages, facsimile documents, still or moving images, and access to the internet, as detailed in Regulation 132(3) and (5).

The only exceptions to this rule are emergencies involving the Police, Fire Service, or other emergency services, and officers of designated emergency and security services performing their duties, as outlined in Regulations 132(4) and (6), respectively. A contravention of Regulation 132 can result in a fine of up to GH¢600 upon summary conviction, according to Regulation 132(7).

The problem lies in the fact that this regulation, drafted in 2012 before smartphone navigation became commonplace, does not fully account for modern navigation tools such as Google Maps or Waze. Some argue that these navigation applications, when used hands-free, should not be penalized under Regulation 132. However, the ambiguity surrounding the regulation's language leaves drivers who use phones for navigation in a grey area.

The regulation's wording does not distinguish between holding the phone to read directions and using a mounted phone for navigation, making it unclear whether a driver touching a mounted phone to confirm a route constitutes "using or operating" the device. Additionally, Regulation 237(1) mandates that a person shall not operate a television monitor or similar device on a dashboard while the vehicle is in motion, potentially catching drivers who use mounted phones for navigation.

These contradictory provisions of the same regulation create confusion and complicate enforcement, placing the burden on drivers to interpret the law correctly. The issue is not a new one; the language of Regulation 132 closely resembles that of Regulation 107(1) of the Road Traffic Regulations, 2012, indicating that the provision has been carried over without revisiting its applicability to modern driving practices.

Drivers rely on navigation applications for safe and efficient travel, but the current regulation structure leaves room for interpretation and potential penalties, highlighting the need for a narrowly tailored amendment to address this issue.