Driving & Traffic
5. Using Mobile While Drivimg
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
- It is illegal for the driver of a vehicle to use mobile phone or other mobile device if
- the vehicle is moving; or
- the vehicle is stationary but not parked.
- An example of being stationary but not parked includes being stopped at traffic lights.
- Mobile phone use includes a broad range of behaviour such as
- talking on the phone with your speaker on or off;
- using the SMS or text message service including
- sending messages;
- receiving messages; or
- reading messages;
- accessing the internet via your mobile phone; and
- turning the phone ‘on’ or ‘off’.
- The penalty is a fine and loss of demerit points.
- If you have been issued with an infringement notice for mobile phone use you can either pay the fine or elect (choose) to have the matter dealt with by a court.
- There are ‘hands free’ devices that can be installed in your car that allow you to legally use your mobile phone.
- It is legal to use your mobile phone if:
- your vehicle is parked;
- your phone is mounted to your vehicle; or
- you can operate your phone without touching the screen via bluetooth or voice recognition.
- You need to check the rules in your state or territory to make sure you comply with the correct rules.
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