300Use of mobile phones

300 Use of mobile phones

300 Use of mobile phones

(1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless—

(a) the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone—

(i) is secured in a mounting affixed to the vehicle while being so used, or

(ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone, or

(b) the phone is functioning as a visual display unit that is being used as a driver’s aid and the phone is secured in a mounting affixed to the vehicle, or

(c) the vehicle is an emergency vehicle or a police vehicle, or

(d) the driver is exempt from this rule under another law of this jurisdiction.

Maximum penalty—20 penalty units.

Examples of driver’s aids.

1 Closed-circuit television security cameras.

2 Dispatch systems.

3 Navigational or intelligent highway and vehicle system equipment.

4 Rearview screens.

5 Ticket-issuing machines.

6 Vehicle monitoring devices.

Note 1.

Emergency vehicle, park and police vehicle are defined in the Dictionary.

Note 2.

Subrule (1) is not uniform with the corresponding subrule in rule 300 of the Australian Road Rules. Different rules may apply in other Australian jurisdictions.

(1–1) Subrule (1) does not apply if—

(a) the vehicle is stationary in a road related area, and

(b) the phone—

(i) is functioning as a payment device to enable the driver to pay for goods or services that are required to be paid for in the road related area, or

(ii) is being used to display an electronic coupon, voucher, card or similar article that requires the body of the phone to be held in close proximity to another device located in the road related area in order for the article to be used or redeemed, or