304JTouching or looking at portable devices in motor vehicles

304J Touching or looking at portable devices in motor vehicles

(1) The driver of a motor vehicle must not touch a portable device in the motor vehicle while the vehicle is moving, or is stationary but not parked.

3 For the meaning of touching, in relation to a device, see rule 304E(2).

4 Rule 304F deals with how a stopped or stationary motor vehicle may be parked and how a stopped motor vehicle is stationary but not parked.

6 See rules 304K and 304KA in relation to the driver of a motor vehicle operating a portable device other than by touching the device.

(2) The driver of a motor vehicle must not look at the display of a portable device that is being operated by another person in the vehicle while the vehicle is moving, or is stationary but not parked.

2 For the meaning of display, see rule 304D.

4 Rule 304F deals with how a stopped or stationary motor vehicle may be parked and how a stopped motor vehicle is stationary but not parked.

(3) The driver of a motor vehicle must not have a portable device resting on any of the following—

(a) the driver's body;

(b) clothes worn by the driver;

(c) an item in the driver's lap—

while the vehicle is moving, or is stationary but not parked.

3 Rule 304F deals with how a stopped or stationary motor vehicle may be parked and how a stopped motor vehicle is stationary but not parked.

(4) Subrule (3) does not apply if the device is kept—

(a) in the driver's pocket; or

(b) in a pouch attached to the driver's clothing.

(5) For the purposes of the definition of portable device offence in section 84(8) of the Act, the offences under subrules (1) and (3) are portable device offences.

Rule 304K inserted by S.R. No. 7/2023 rule 16.