Evidence shows that driving takes a lot of concentration and anything that can distract you from your current job can be dangerous to yourself and other road users.
Research by the Center for Road Safety & Accident Research (CARRS) in Queensland has found that using a mobile phone while driving can quadruple your chances of being in an accident.
- Using your phone is illegal while driving unless certain criteria are met
- The rules are even stricter for Learners and Interim Drivers
- Penalties and demerit points apply – and penalties can be severe
Most of us can’t bear the thought of not having our phones with us all the time, because nowadays they are more than just phones. These pocket computers have access to the entire internet, all social networks and you can also watch your favorite shows or YouTube on them, not to mention talk to your loved ones. or meet them via video calls. Heck, I know I dial the majority of my work calls from the car.
And in-car technology — things like Apple CarPlay and Android Auto — makes this a lot easier today than it used to be — but, now you have to know this. Using a phone while driving can be really dangerous.
But if you look at someone else’s phone while driving, that can also be really dangerous. And there are also rules and laws governing that behavior.
Also, don’t even think about catching up with Squid Game when you’re stuck in traffic. Visual display units (VDUs) may also see you penalized.
Also, don’t think that because you’re stuck in traffic, you can pull out your phone and check your email. The law is strict on this and fines still apply if you stop but don’t pass. In addition, you may be fined for keeping your phone in your lap or at your feet.
The rules are even stricter for learners and temporary drivers – arguably they should be because learning how not to use your phone while you’re still learning to drive effectively can looks very reasonable.
L and P1 license holders in New South Wales, Victoria, Queensland, South Australia, Tasmania are not allowed to use their phones at all, even when the phone is in the crib and even when the phone is connected to the crib. Connect to car via Bluetooth or Apple CarPlay/Android Auto. P2 license holders can use the phone if they comply with the laws in their state or territory, but in NSW and QLD a zero-tolerance policy applies.
The laws surrounding cell phone use vary from state to state, so here’s a summary.
New South Wales
NSW has a lot of mobile phone cameras and they catch thousands of people using their phones every week while driving. The law states that you can only use the phone “to make or receive audio phone calls or to perform the function of sound and the body of the phone”, and if the phone is “fixed in holder that attaches to the vehicle while in use” or “is not fixed in the vehicle mount and is not handled by the driver, and the use of the phone does not require the driver, at any time during use use, to press anything against the body of the phone or to manipulate any part of the body of the phone”. In other words, you cannot touch your phone unless it is placed in a securely attached holder.
If the cell phone camera catches you using your phone improperly while driving, the penalty is a five-point demerit and a $362 ($481 in school zone) fine. Penalty increases to 10 demerit points for the duration of double deduction.
Also don’t binge-watch the new show you’ve heard about. Using an inappropriate “television receiver or visual display device” will result in a $220 fine.
Victoria
The laws in Victoria for “unauthorized use of a mobile phone while driving” and “illegal use of a display device or television while driving” are the same – four demerit points for each offense. And the fine is $555.
And hey, if you’re a personal scooter commuter, you’re not exempt from cell phone laws either. Victoria Police can fine you $462.
Queensland
QLD is quite strict about using cell phones while driving. There are several offenses in the law books, each with a four-point deduction and a $1078 fine.
If you are a vehicle operator using a mobile phone (not in a parked vehicle) or a holder of a Class C probationary license under 25 years of age using a mobile phone while driving or a driver’s license holder Provisional Class C P1 under 25 years old or P1 probationary holders who use mobile phones while driving are also subject to the same penalty.
Likewise, if you are caught driving when “pictures from television or [a] image display unit [is] visible or likely to distract other drivers,” which is a $191 fine and carries a three-point risk.
tasmania
In Tassie, you can be fined for using your phone – even if you’re a cyclist! If you don’t securely mount your phone, you may be fined for using your phone while driving (while moving or standing still, but not parked). And you will have to pay a $130 penalty.
For those in the car? “Driving using a mobile phone (while moving or stationary, but not parked) except to make or receive calls from a phone that is docked or not required to touch,” and you may be subject to a $346 fine and three demerit points.
Also fined $173 for watching TV while on the road.
South Australia
The South Australian licensing rules book is clear: Using mobile phones while driving – $565 fine; three minus points. That is equally good and bad for a learner or P1 driver.
Western Australia
If you use your mobile phone to create, send, or view text, email, social media, photos, videos or the like, you could be fined up to $1,000 and have four points deducted.
And if you touch or hold your cell phone while not in the cradle to make, receive, or end a voice call, you’ll be fined $500 and three points.
Northern Territory
Northern Territory’s road rules state that drivers “must not use hand-held mobile phones or display devices while driving, even when you are stopped at a traffic light”. Seems pretty simple, and so is the problem:
- Driving while using a cell phone – $500 fine – three points deducted from your license
- Learners or temporary use of any mobile phone – $500 – three demerits
- Driving when the image on a TV or visual display device is visible to the driver – $500 – minus three points
- Driving while an image on a TV or visual display unit is likely to distract other drivers – $500 – three minuses
ACT
If you are caught using a “mobile device” while driving, you could be fined $498 and have three points deducted from your license. However, if you are found to be “using a mobile device for texting, social networking, mobile applications or accessing the internet” you will be fined $612 and four points.
The ACT also imposes fines on individual mobile device users who decide to use their cell phones while operating the device – $498 fine!
Not intended as legal advice. Check with the relevant road authority in your state or territory.
