Using a Mobile Phone while driving

Did you know that drivers in NSW can be penalised if a passenger is using a mobile phone in a way that could distract the driver? According to the Road Rules 2014, a driver must not drive a vehicle that has a television receiver or visual display unit operating while the vehicle is moving that is visible to the driver from the normal driving position or is likely to distract another driver. The fine for this offence is $344 and 3 demerit points and is subject to double demerit and school zone increases.

Below we clarify a few of the rules of mobile phones in vehicles that could help prevent you from receiving a fine or even a suspension on your licence.

The Road Rules 2014 section 300 stipulates that:

The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless -

• The phone is being used to make or retrieve an audio phone call or to perform an audio playing function and the body of the phone -
  • Is secured in a mounting affixed to the vehicle while being used, or
  • 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
• 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
• The vehicle is an emergency vehicle or police vehicle, or
• The driver is exempt from this rule under another law of this jurisdiction.

__The Road Rules 2014 define “use” in relation to a mobile phone to include any of the following actions by a driver: __

• 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,
• Entering or placing, other than by use of voice, anything into the phone or sending or looking at anything that is in the phone,
• Turning the phone on or off,
• Operating any other function of the phone.

The definition of “held” with respect to this legislation is defined as follows:

“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.“

Importantly, the rules are stricter for learner and provisional drivers: “The driver of a motor vehicle who is the holder of a learner licence or a provisional P1 or P2 licence must not use a mobile phone, whether or not held by the driver, while the motor vehicle is moving or is stationary but not parked.”

So how does this translate to everyday life?

As a learner or provisional driver, mobile phones are not to be used in any way. This means that you can not accept or make a call even by means of Bluetooth, Apple CarPlay, Android Auto or other hands-free functions. Mobile devices are not accepted as a means of using GPS or other navigational apps for learner or provisional drivers, and they may not be used for audio functionality. You may access a digital driver’s license only if stationary and asked to do so by a police officer. You may use wallet functions (for the use of payment or displaying coupons/vouchers, or access a restricted area) only if the vehicle is stationary and off the road (such as in a carpark, drive thru or driveway).

For fully licenced/unrestricted drivers, you may make or receive audio calls and use music or audio functions only if the phone is secured in a cradle fixed to the vehicle or it can be operated without touching the device (that is the use is by means of Bluetooth, Apple CarPlay or Android Auto). A mobile phone can be used by fully licenced drivers as a means of GPS or navigation only if the phone is secured in a cradle fixed to the vehicle. You may access a digital driver’s licence only if stationary and asked to do so by a police officer. You may use wallet functions (for the use of payment or displaying coupons/vouchers, or access a restricted area) only if the vehicle is stationary and off the road (such as in a carpark, drive thru or driveway).

The penalty imposed for illegal mobile phone use while driving is a fine of $362 ($481 if detected in a school zone) and 5 demerit points. This is applicable to both camera detected and on the spot fines. These penalties are increased in periods of double demerits.

Using a mobile phone while driving is very dangerous because it may lead to slower reaction times, wandering out of your lane, slower and less controlled braking, and riskier decision making. Studies show that it increases your chance of being involved in an accident by four times.

The contents of this article are general in nature. For advice specific to your circumstances, please contact your legal practitioner.

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