300—Use of mobile phones
(1) The driver of a
vehicle must not use a mobile phone while the vehicle is moving, or is
stationary but not parked, unless—
phone is being used to make or receive an audio phone call and the body of the
is secured in a mounting affixed to the vehicle while
being so used; or
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
phone is being used as a driver's aid and—
the body of the phone is secured in a mounting affixed to
the vehicle while being so used; 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 otherwise
to manipulate any part of the body of the phone; or
vehicle is an emergency vehicle or a police vehicle; or
driver is exempt from this rule under another law of this jurisdiction.
"Emergency vehicle", "park" and "police vehicle are defined in the dictionary.
Examples of driver's aids—
1 Closed-circuit television security cameras.
2 Dispatch systems.
3 Navigational or intelligent highway and vehicle
4 Rearview screens.
5 Ticket-issuing machines.
6 Vehicle monitoring devices.
(2) For the purposes
of this rule, a mobile phone is secured in a mounting affixed to the vehicle
if, and only if—
mounting is commercially designed and manufactured for that purpose; and
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—
communication is received automatically by the phone; and
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.
(4) In this
"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
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;
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;
turning the phone on or off;
operating any other function of the phone.
For South Australia, in addition to this rule, see regulation 44 of the Road
Traffic (Road Rules—Ancillary and Miscellaneous Provisions)
Division 2—Rules for people in charge of animals