(1) The driver of a vehicle must not use a mobile
phone while the vehicle is moving, or is stationary but not parked, unless--
(a) the phone is being used to make or receive an audio phone call or to
perform an audio playing function and the body of the phone--
(i) is secured
in a mounting affixed to the vehicle while being so used, or
(ii) is not
secured in a mounting affixed to the vehicle and is not being held by the
driver, and the use of the phone does not require the driver, at any time
while using it, to press any thing on the body of the phone or to otherwise
manipulate any part of the body of the phone, or
(b) the phone is functioning
as a visual display unit that is being used as a driver's aid and the phone is
secured in a mounting affixed to the vehicle, or
Note 1 : "Emergency vehicle" ,
"park" and
"police vehicle" are defined in the Dictionary.
Note 2 : Subrule (1) is not
uniform with the corresponding subrule in rule 300 of the
Australian Road Rules. Different rules may apply in other Australian
jurisdictions.
(i) is functioning as
a payment device to enable the driver to pay for goods or services that are
required to be paid for in the road related area, or
(ii) is being used to
display an electronic coupon, voucher, card or similar article that requires
the body of the phone to be held in close proximity to another device located
in the road related area in order for the article to be used or redeemed, or
(iii) is being used as an electronic device that enables the driver to enter
another road related area or land adjacent to the road related area.
Note :
This subrule is an additional NSW subrule. There is no corresponding subrule
in rule 300 of the Australian Road Rules .
(2) For the purposes of this
rule, a mobile phone is secured in a mounting affixed to the vehicle only 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.
(3) For
the purposes of this rule, a driver does not use a phone to receive a text
message, video message, email or similar communication if--
(a) the
communication is received automatically by the phone, and
(b) on and after
receipt, the communication itself (rather than any indication that the
communication has been received) does not become automatically visible on the
screen of the phone.
(3A) For the purpose of this rule, a vehicle may be
parked even though--
(a) the key to the vehicle is located in the vehicle's
ignition lock, or
(3-1) This rule
does not apply to the driver of a motor vehicle who is the holder of a learner
licence or a provisional P1 or P2 licence.
Note 1 : "Provisional P1 licence" and
"provisional P2 licence" are defined in the Dictionary and
"learner licence" is defined in the Act.
Note 2 : Rule 300- 1 provides for
the use of mobile phones by drivers of motor vehicles who are holders of
learner licences or provisional P1 or P2 licences.
Note 3 : This subrule is
an additional NSW subrule. There is no corresponding subrule in rule 300 of
the Australian Road Rules .
(4) In this rule--
"affixed to" , in relation to a vehicle, includes forming part of the vehicle.
"audio phone call" does not include an email, text message, video call, video
message or other similar communication.
"body" , in relation to a mobile phone, means the part of the phone that
contains the majority of the phone's mechanisms.
"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.
"use" , in relation to a mobile phone, includes any of the following actions
by a driver--
(a) holding the body of the phone in her or his hand (whether or
not engaged in a phone call), except while in the process of giving the body
of the phone to a passenger in the vehicle,
(b) entering or placing, other
than by the use of voice, anything into the phone, or sending or looking at
anything that is in the phone,
