sec.300Use of mobile phones

sec.300 Use of mobile phones

The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked. Maximum penalty—20 penalty units. Subsection (1) does not apply to a driver using a mobile phone— to the extent the mobile phone— is in a pocket of the driver’s clothing, or in a pouch worn by the driver; and kept in a way that— does not allow the driver to operate the phone, or a function of the phone, other than by using only the driver’s voice; and does not allow the driver to see the face of the phone while the phone, or a function of the phone, is operating; or while the 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 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 (1) does not apply to a driver using a mobile phone while the 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 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 driver to enter a road-related area or land adjacent to a road-related area. Further, subsection (1) does not apply to a rider of a bicycle or a personal mobility device if the rider is using a mobile phone while the bicycle or device is stationary on a bicycle path, footpath, separated footpath, shared path or nature strip. This section does not apply to the driver of an emergency vehicle or police vehicle. In this section— mobile phone — includes a mobile phone— whose telephone function is not capable of being used; or a mobile phone whose telephone function is not capable of being used because the phone does not have a SIM card or other means of connecting to a cellular radio system that is being used for a function other than its telephone function; but a smartphone being used as a music player or camera does not include a CB radio or any other two-way radio. use , in relation to a mobile phone, means hold the phone in the driver’s hand, or rest the phone on any part of the driver’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 driver’s body or another thing. s 300 sub 2021 SL No. 102 s 20 amd 2022 SL No. 142 s 96 ; 2023 SL No. 4 s 10 (sec.300-ssec.1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked. Maximum penalty—20 penalty units. (sec.300-ssec.2) Subsection (1) does not apply to a driver using a mobile phone— to the extent the mobile phone— is in a pocket of the driver’s clothing, or in a pouch worn by the driver; and kept in a way that— does not allow the driver to operate the phone, or a function of the phone, other than by using only the driver’s voice; and does not allow the driver to see the face of the phone while the phone, or a function of the phone, is operating; or while the 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 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.300-ssec.3) Also, subsection (1) does not apply to a driver using a mobile phone while the 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 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 driver to enter a road-related area or land adjacent to a road-related area. (sec.300-ssec.3A) Further, subsection (1) does not apply to a rider of a bicycle or a personal mobility device if the rider is using a mobile phone while the bicycle or device is stationary on a bicycle path, footpath, separated footpath, shared path or nature strip. (sec.300-ssec.4) This section does not apply to the driver of an emergency vehicle or police vehicle. (sec.300-ssec.5) In this section— mobile phone — includes a mobile phone— whose telephone function is not capable of being used; or a mobile phone whose telephone function is not capable of being used because the phone does not have a SIM card or other means of connecting to a cellular radio system that is being used for a function other than its telephone function; but a smartphone being used as a music player or camera does not include a CB radio or any other two-way radio. use , in relation to a mobile phone, means hold the phone in the driver’s hand, or rest the phone on any part of the driver’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 driver’s body or another thing.