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 > > > > > > > (iii) is being used as an electronic device that enables the driver to enter another road related area or land adjacent to the road related area. > > > > Note. > > > > This subrule is an additional NSW subrule. There is no corresponding subrule in rule 300 of the Australian Road Rules. > > > (2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle only if— > > > > > (a) the mounting is commercially designed and manufactured for that purpose, and > > > > > (b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer. > > > (3) For the purposes of this rule, a driver does not use a phone to receive a text message, video message, email or similar communication if— > > > > > (a) the communication is received automatically by the phone, and > > > > > (b) on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the phone. > > > (3A) For the purpose of this rule, a vehicle may be parked even though— > > > > > (a) the key to the vehicle is located in the vehicle’s ignition lock, or > > > > > (b) the engine of the vehicle is running. > > > (3–1) This rule does not apply to the driver of a motor vehicle who is the holder of a learner licence or a provisional P1 or P2 licence. > > > > Note 1. > > > > Provisional P1 licence and provisional P2 licence are defined in the Dictionary and learner licence is defined in the Act. > > > > Note 2. > > > > Rule 300–1 provides for the use of mobile phones by drivers of motor vehicles who are holders of learner licences or provisional P1 or P2 licences. > > > > Note 3. > > > > This subrule is an additional NSW subrule. There is no corresponding subrule in rule 300 of the Australian Road Rules. > > > (4) In this rule— > > > > affixed to, in relation to a vehicle, includes forming part of the vehicle. > > > > audio phone call does not include an email, text message, video call, video message or other similar communication. > > > > body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone’s mechanisms. > > > > held includes held by, or resting on, any part of the driver’s body, but does not include held in a pocket of the driver’s clothing or in a pouch worn by the driver. > > > > mobile phone does not include a CB radio or any other two-way radio. > > > > use, in relation to a mobile phone, includes any of the following actions by a driver— > > > > > (a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle, > > > > > (b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone, > > > > > (c) turning the phone on or off, > > > > > (d) operating any other function of the phone. > > **rule 300:** Am 2016 (412), Sch 1 \[24\] \[25\]; 2016 (667), Sch 1 \[1\]–\[3\]; 2019 (573), Sch 1\[5\]; 2022 (692), Sch 1\[37\]–\[39\].