Anyone know what the wording of the law is?

[Diane]

Hi

 

Obviously I know that it's illegal (not to mention extremely irresponsible) to talk on a mobile phone while driving, and I presume it's also illegal to text (or SMS for the locals here) on a mobile whilst driving, but does anyone know where you stand these days with smartphones if you are using the map feature?

 

I just wondered if the law is that it is illegal to "use" a phone while driving (or is it like in the UK where even if you are pulled over, if your engine is still running it's counted as "driving"?) in which case obviously looking at a map on it is also a no-go, or if the law is specific about type of use?

 

Just wondering..can't afford a fine if I get it wrong! And Siri just doesn't understand my Essex accent...

Thanks

Diane

[Guest pete66]

Diane. If you pull over to the side of the road, you're OK. If your stationary at traffic lights, for example, it's a fine (unless to get a caution).

[Diane]

Is that using it in any way, Pete?

[Guest pete66]

Is that using it in any way, Pete?

 

I think you can have it in an approved cradle on the dash for example. As for using it to view maps etc, although the law does not specify as technology has overtaken the law, but the spirit of use is the same. It would be a good defence to run at court

[kildorragh]

The phone has got to fixed using authorised device. The law states you are not allowed to touch it all whilst driving, even at traffic lights.

Doesn't matter if you're opening text, answering a call, changing music or even switching it off. You can't touch it whilst driving.

 

Hope it helps.

[Guest Damien]

Hi

 

Obviously I know that it's illegal (not to mention extremely irresponsible) to talk on a mobile phone while driving, and I presume it's also illegal to text (or SMS for the locals here) on a mobile whilst driving, but does anyone know where you stand these days with smartphones if you are using the map feature?

 

I just wondered if the law is that it is illegal to "use" a phone while driving (or is it like in the UK where even if you are pulled over, if your engine is still running it's counted as "driving"?) in which case obviously looking at a map on it is also a no-go, or if the law is specific about type of use?

 

Just wondering..can't afford a fine if I get it wrong! And Siri just doesn't understand my Essex accent...

Thanks

Diane

 

I saw the title and thought 'Nooooooooooooooo now she wants to put carp back too!'

[Diane]

The phone has got to fixed using authorised device. The law states you are not allowed to touch it all whilst driving, even at traffic lights.

Doesn't matter if you're opening text, answering a call, changing music or even switching it off. You can't touch it whilst driving.

 

Hope it helps.

 

OOh interesting - especially the music bit, does that cover Ipods/MP3 players too then? And what about changing a CD (am panicking now!)?

[tina&steve]

funny enough you cant use your phone but you can use a mp3 doesn't make sense

[kildorragh]

......music on the phone - sorry for the confusion.

[tina&steve]

pc plod has gone to bed but I'll ask him when he gets up

[Guest shella_n]

Na my best mate just got a $300 fine for changing a song on her iPhone whilst stationary. He said she was texting, she said no u can check, he said don't care u were touching your phone therefore fine applies

[Diane]

Thanks for that - will go back to using my trusty mapbook methinks!

[Guest knsc]

AUSTRALIAN ROAD RULES - REG 300

 

300—Use of mobile phones

 

(1) The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless the driver is exempt from this rule under another law of this jurisdiction.

 

Offence provision.

 

Note—

 

"Emergency vehicle", "park" and "police vehicle are defined in the dictionary.

 

(2) Subrule (1) does not apply to a driver using a mobile phone if the phone is being used to make or receive a phone call and, while being so used:

 

(a) is secured in a mounting affixed to the vehicle; or

 

(b) is remotely operated by means of a device (whether connected to the phone by means of a wire or otherwise):

 

(i) affixed to the vehicle; or

 

(ii) worn by the driver in the manner intended by the manufacturer,

 

and the phone is not being held by the driver.

 

(3) To avoid doubt, nothing in subrule (2) (b) authorises a person to use a mobile phone by pressing a key on the phone, or by otherwise manipulating the body or screen of the phone, if the phone is not secured in a mounting affixed to the vehicle.

 

(4) For the purposes of this rule, a mobile phone will only be taken to be secured in a mounting affixed to the vehicle if—

 

(a) the mounting is commercially designed and manufactured for that purpose; and

 

(b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

 

(5) In this rule:

 

"affixed to", in relation to a vehicle, includes forming part of the vehicle.

 

"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.

 

"mobile phone" does not include a CB radio or any other two-way radio.

 

"phone call" does not include a text message, video message, email or similar communication.

 

"use", in relation to a mobile phone, includes the following:

 

(a) holding the phone to, or near, the ear (whether or not engaged in a phone call);

 

(b) creating, sending or looking at a text or video message on the phone;

 

© turning the phone on or off;

 

(d) operating any other function of the phone.

[Guest Guest5035]

Hi

 

but does anyone know where you stand these days with smartphones if you are using the map feature?

 

Diane

 

stick it in your make up bag, so if you get spotted, just say you were looking for your lippy

 

stevo