The installation of mobile detection cameras in South Australia has generated an increase in expiation notices (fines) for mobile phone use whilst driving.
The way the law defines “use” is broad and can catch people out even when not actively using their phone whilst driving.
So, what exactly is “use”, and how do you make sure you are complying with Australian Road Rule 300?
To answer that, we need to go back to the beginning. Australian Road Rule 300 prohibits the 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…”
But, there are some exceptions:
- If the phone is being used to make or receive an audio phone call and the body of the phone is either:
- Secured in a mounting affixed to the vehicle while being so used
- Not secured in a mounting and not being held by the driver, and the use of the phone does not require the driver to press any thing on the phone or otherwise manipulate it
- If the phone is being used as a driver’s aid and:
- The body of the phone is secured in a mounting affixed to the vehicle
- The use of the phone does not require the driver to press any thing on the phone or otherwise manipulate it
- For emergency vehicles
So, what does all of that mean?
- Number 1 means that you can answer a call if the phone is in a mounting fixed to the car, or whilst using Car Play, Android Auto, or similar handsfree devices
- Number 2 means that you can use the phone as an aid (for example navigation and rearview screens) provided the phone is in a mounting fixed to the car, and you are not pressing or manipulating the phone (that is, using its features in any way)
- Number 3 relates to emergency services like police, ambulance and fire engines
Additionally, the mounting must be a commercial designed and manufactured device, correctly affixed and used.
To make things more complicated, the word “use” is defined to include:
- Holding the phone in your hand
- Resting the phone on a part of the driver’s body (for example having the phone sitting in your lap)
- Entering anything into the phone (other than by voice)
- Looking at anything in the phone
- Turning the phone on or off
- Operating any function of the phone
All of the above means that even if you are not using any function of the phone, you could still be done for “use” if the phone is sitting in your lap.
Additionally, if you are a learner of P1 driver, you must not use a mobile phone while the vehicle is moving or stationary but not parked. None of the exceptions in Road Rule 300 apply to learner or P1 drivers.
The fine for using your mobile phone whilst driving is currently $573.00 and attracts three (3) demerit points!
If you do get pinged by a mobile detection camera, seek legal advice early to understand your options – call us on 7095 3440.
