sec.228Use of mobile phones by particular licence holders

sec.228 Use of mobile phones by particular licence holders

This section applies to a person driving a motor vehicle on a road if the person— is under 25 years and holds— a class C learner licence; or a class C P1 provisional licence; or a heavy vehicle class P1 provisional licence; or a class RE P1 provisional licence; or a class R P1 provisional licence; or holds any of the following because of a young driver disqualification offence— a class C P1 probationary licence; a heavy vehicle class P1 probationary licence; a class RE P1 probationary licence; a class R P1 probationary licence. The person must not use a mobile phone while the motor vehicle is— moving; or stationary but not parked. Maximum penalty—30 penalty units. Subsection (2) does not apply to a person using a mobile phone— to the extent the mobile phone is in a pocket of the person’s clothing, or in a pouch worn by the person, and kept in a way that does not allow the person to operate the phone or a function of the phone in any way; or while the motor vehicle is stationary and to the extent the mobile phone is in a wallet, or has attached to it a wallet, that the driver is using for any of the following purposes— to obtain and produce for inspection a licence, permit, authority or other document, as required under an Act or by a police officer or another person acting under an Act; to obtain and use money, or another form of payment, to pay for goods or services, if the place where the motor vehicle is stationary is a place where the goods or services are lawfully paid for; a drive-through retail outlet to obtain and use a card or other thing to enter a road-related area or land adjacent to a road-related area. Also, subsection (2) (b) does not apply to a person using a mobile phone while the motor vehicle is stationary for any of the following purposes— to produce for inspection a digital authority or other document stored on the phone, as required under an Act or by a police officer or another person acting under an Act; to pay for goods or services, if the place where the motor vehicle is stationary is a place where the goods or services are lawfully paid for; a drive-through retail outlet to use the phone as an electronic device that enables the person to enter a road-related area or land adjacent to a road-related area. In this section— use , in relation to a mobile phone, means— operate the phone or a function of the phone in any way; or hold the phone in the person’s hand, or rest the phone on any part of the person’s body— whether or not the phone is on or operating; and whether or not for the purpose of operating the phone or a function of the phone; and whether or not the phone is partially or wholly supported by another part of the person’s body or another thing. (sec.228-ssec.1) This section applies to a person driving a motor vehicle on a road if the person— is under 25 years and holds— a class C learner licence; or a class C P1 provisional licence; or a heavy vehicle class P1 provisional licence; or a class RE P1 provisional licence; or a class R P1 provisional licence; or holds any of the following because of a young driver disqualification offence— a class C P1 probationary licence; a heavy vehicle class P1 probationary licence; a class RE P1 probationary licence; a class R P1 probationary licence. (sec.228-ssec.2) The person must not use a mobile phone while the motor vehicle is— moving; or stationary but not parked. Maximum penalty—30 penalty units. (sec.228-ssec.3) Subsection (2) does not apply to a person using a mobile phone— to the extent the mobile phone is in a pocket of the person’s clothing, or in a pouch worn by the person, and kept in a way that does not allow the person to operate the phone or a function of the phone in any way; or while the motor vehicle is stationary and to the extent the mobile phone is in a wallet, or has attached to it a wallet, that the driver is using for any of the following purposes— to obtain and produce for inspection a licence, permit, authority or other document, as required under an Act or by a police officer or another person acting under an Act; to obtain and use money, or another form of payment, to pay for goods or services, if the place where the motor vehicle is stationary is a place where the goods or services are lawfully paid for; a drive-through retail outlet to obtain and use a card or other thing to enter a road-related area or land adjacent to a road-related area. (sec.228-ssec.4) Also, subsection (2) (b) does not apply to a person using a mobile phone while the motor vehicle is stationary for any of the following purposes— to produce for inspection a digital authority or other document stored on the phone, as required under an Act or by a police officer or another person acting under an Act; to pay for goods or services, if the place where the motor vehicle is stationary is a place where the goods or services are lawfully paid for; a drive-through retail outlet to use the phone as an electronic device that enables the person to enter a road-related area or land adjacent to a road-related area. (sec.228-ssec.5) In this section— use , in relation to a mobile phone, means— operate the phone or a function of the phone in any way; or hold the phone in the person’s hand, or rest the phone on any part of the person’s body— whether or not the phone is on or operating; and whether or not for the purpose of operating the phone or a function of the phone; and whether or not the phone is partially or wholly supported by another part of the person’s body or another thing.