300Use of mobile device

300 Use of mobile device (1) The driver of a vehicle must not use a mobile device while the vehicle is moving, or is stationary but not parked. (2) Subsection (1) does not apply to the driver of a vehicle who is not the holder of a learner licence or provisional licence if— (a) the mobile device is being used to make or receive an audio call and— (i) the device is secured in a mounting affixed to the vehicle while being used; or (ii) the device— (A) is not being held by the driver; and (B) does not require the driver, at any time while using it, to press anything on the body of the device or to otherwise manipulate any part of the body of the device; or (b) the mobile device— (i) is being used as a driver’s aid; and

(ii) is secured in a mounting affixed to the vehicle while being used; and (iii) does not require the driver, at any time while using it, to press anything on the body of the device or otherwise (c) the driver is driving a taxi, rideshare vehicle or hire car and the mobile device— (i) is being used as a driver’s aid in relation to the transport of passengers; and (ii) is secured in a mounting affixed to the vehicle while the device is being used; or (d) the mobile device is being used to stream, play or listen to music or audio files and the device— (i) is not being held by the driver; and (ii) does not require the driver, at any time while using it, to press anything on the body of the device or otherwise (e) the vehicle is an emergency vehicle or a police vehicle. • closed-circuit television security cameras • ticket-issuing machines • vehicle monitoring devices

(3) Subsection (1) does not apply to the driver of a vehicle who holds a learner licence or provisional licence if— (a) the mobile device is being used as a driver’s aid and the device— (i) is secured in a mounting affixed to the vehicle while being used; and (ii) does not require the driver, at any time while using it, to— (A) press anything on the body of the device or otherwise (B) use the driver’s voice; or (b) the mobile device is being used to stream, play or listen to music or audio files and the device— (i) is not being held by the driver; and (ii) does not require the driver, at any time while using it, to— (A) press anything on the body of the device or otherwise (B) use the driver’s voice; or (c) the vehicle is an emergency vehicle or a police vehicle. Examples—use of driver’s voice 1 wireless technology to make or receive a phone call 2 virtual assistant (4) For this section, a mobile device 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 body of the mobile device is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

(5) For this section, a driver does not use a mobile device to receive a text message, video message, email or similar communication if— (a) the communication is received automatically by a mobile device; 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 device. (6) For this section, a vehicle may be parked even though— (a) the key for the vehicle is located in the vehicle’s ignition lock; or (b) the engine of the vehicle is running. (7) In this regulation: affixed to, in relation to a vehicle, includes forming part of the (8) In this section: audio call does not include an email, text message, video call, video message or other similar communication. body, in relation to a mobile device, means the part of the device that contains the majority of the device’s mechanisms. held, by a driver— (a) includes rested on, or kept in place by— (i) a part of the driver’s body; or (ii) clothing worn by the driver; or (iii) something else on the driver’s lap; but (i) kept in a pocket of the driver’s clothing or in a pouch worn by the driver; or