Ban on mobile phone use while driving

From 1 November 2009, it became illegal for drivers to use a hand-held mobile phone while driving. The Road User Rule states that drivers cannot use a mobile phone:

  • to make, receive, or terminate a telephone call
  • to create, send, or read a text message or email 
  • to create, send, or view a video message
  • to communicate in a similar way
  • in any other way.

Breaching the ban incurs an $80 fine and 20 demerit points.

The ban includes other telecommunications devices such as Blackberrys and Personal Digital Assistants
(PDAs) but excludes two-way radios. However, a driver may, while driving a vehicle, use a mobile phone in
a way described in 1 and 5 above provided the mobile phone:

  • does not require the driver to hold or physically manipulate it to make, receive, or terminate the call
    (e.g. Blue Tooth technology)
  • is secured in a mounting fixed to the vehicle and the driver manipulates the phone infrequently and briefly
    (e.g. hands-free kits)

In addition, the Rule exempts drivers who make a 111 or *555 call provided it is unsafe or impracticable for the driver to stop and park the vehicle to make the call; or if the vehicle has stopped for a reason other than the normal starting and stopping of vehicles in a flow of traffic.

Did you know?

Many countries, including Australia and the United Kingdom, have also banned the use of hand-held mobile phones while driving.


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