Changes to driving with mobile phones
Commencing 26 July, 2021 it will be illegal to hold a mobile phone in your hand or have it resting on any part of your body, including in your lap, when driving. This applies even if you’re stopped in traffic. The phone does not need to be in use or even turned on for this to be an offence.
Further, Learner and P1 drivers under 25 years must not use hands-free, wireless headsets or a mobile phone’s loudspeaker function. Learner and P1 drivers under 25 years must not touch their phone, look at it or operate it with their voice. Passengers are also banned from using a mobile phone’s loudspeaker function.
Drivers are permitted to use their mobile phone when safely parked – meaning stopped with the intention of staying at that place. Open and P2 licence holders are allowed hands-free use of a mobile phone while driving. However, the position of the mobile must not obscure your view of the road when driving. Open and P2 licence holders can use a phone hands-free if it is in a pocket of your clothing or a pouch you’re wearing but they must not touch it – it can only be activated by voice.
Drivers can use their phone when safely stopped to do things like:-
Present a digital driver licence or other document to police when asked;
Gain access to or from a road-related area, such as a car park;
Pay for good and services, for example at a drive through; and
Get a card or money out of a phone wallet for the above purposes.
You can be fined $1,033 and have 4 demerit points recorded against your traffic history for using a mobile phone illegally while driving if you do not comply with any of the above changes. Double demerit points will apply for a second or subsequent mobile phone offence committed within 1 year of the earlier offence, which may result in the loss of your licence due to the accumulation of demerit points.
Contact our traffic team, Jordana Abela and Marcus Hahn for further information. Our experienced team is available to assist you with all your traffic needs.