Mobile Phones and Driving (Tas)

In Tasmania, it is not permitted to use a mobile phone while driving except under very specific conditions. The rules around mobile phone use while driving are different depending on the class of licence a person has. Understanding these laws is crucial for all drivers, as mobile phone offences can result in significant fines and demerit points. This page outlines the comprehensive laws as they currently stand in Tasmania about mobile phones and driving, including enforcement mechanisms, penalties, and your legal rights.

Legislation

The rules on mobile phone use and driving in Tasmania are contained in the Road Rules 2019. Specifically, Rule 300 addresses the use of mobile phones while driving, establishing clear guidelines for different licence categories. These regulations are enforced under the Vehicle and Traffic Act 1999 (Tas) and are designed to reduce driver distraction and improve road safety across Tasmania.

The legislation recognises that mobile phone use while driving significantly increases the risk of accidents due to cognitive, visual, and manual distraction. The rules are regularly reviewed and updated to address emerging technologies and changing driving behaviours.

Learners and provisional licence holders

Complete prohibition for L and P plate drivers

A learner or provisional licence holder must not use a phone while driving. This includes using a phone that is secured in a mounting or used in a hands-free manner. The restriction applies to all forms of mobile phone interaction, including making calls, sending texts, using applications, or any other function.

This complete ban recognises that learner and provisional drivers are still developing their driving skills and need to focus entirely on the road without any distractions. Even hands-free use is prohibited as it can still cause cognitive distraction that may impair driving performance.

Penalties for L and P plate drivers

A learner or provisional driver who uses a phone while driving other than in these circumstances commits an offence punishable by a fine of 5 penalty units. Additionally, the offence carries 4 demerit points, which can significantly impact a novice driver's licence status given the lower demerit point threshold for learner and provisional licence holders.

Full licence holders

Permitted uses for audio calls

A full licence holder may use a phone while driving only if the phone is being used to make or receive an audio call and the phone is either:

• secured in a mounting fixed to the car; or
• not secured in a mounting but not being held by the driver and not being pressed or manipulated by the driver in any way.

Driver aids and navigation

The phone is being used as a driver's aid (for example, using GPS navigation) and the phone is either:

• secured in a mounting fixed to the car; or
• not being pressed or manipulated by the driver in any way.

It's important to note that any interaction with navigation apps must occur before commencing the journey or when the vehicle is safely parked. Adjusting GPS settings, entering new destinations, or scrolling through maps while driving constitutes an offence.

Penalties for full licence holders

A person who uses a phone while driving other than in these circumstances commits an offence punishable by a fine of 5 penalty units. The offence also attracts 4 demerit points, and repeat offenders may face licence suspension depending on their demerit point history.

Detection cameras

Technology and placement

In Tasmania, mobile phone and seatbelt detection cameras are used to detect possible offences from an elevated position. These cameras are strategically placed on major roads and intersections throughout the state, often in locations with high traffic volumes or accident rates.

The camera system uses high-resolution imaging technology capable of capturing clear images of vehicle interiors, allowing for accurate detection of mobile phone use and seatbelt compliance.

AI analysis and review process

AI software analyses the footage to assess whether an offence may have been committed. If no offence is detected, the footage is deleted. If an offence is detected, the footage is transferred to the police for human review before an infringement is issued.

This dual-layer system ensures accuracy in detection while protecting privacy by automatically deleting images where no offence is identified. The human review process provides an additional safeguard against false positives.

Penalties and demerit points

Financial penalties

Mobile phone offences in Tasmania carry a penalty of 5 penalty units, which translates to a significant financial penalty. The current value of penalty units is regularly updated and can be found in the relevant Tasmanian legislation.

These penalties reflect the serious nature of mobile phone use while driving and are designed to deter drivers from engaging in this dangerous behaviour.

Demerit point consequences

All mobile phone driving offences carry 4 demerit points. For full licence holders, this represents a significant portion of the 12-point threshold before licence suspension. For learner and provisional drivers, who have lower demerit point limits, a single mobile phone offence can result in immediate licence suspension.

Accumulated demerit points can also impact insurance premiums and employment opportunities for professional drivers.

Exceptions and emergency situations

Emergency calls

The law recognises that there may be genuine emergency situations where mobile phone use is necessary. However, drivers should pull over safely before making emergency calls whenever possible. If immediate action is required, contacting emergency services (000) may be considered a mitigating factor in court proceedings.

Professional drivers

Professional drivers, including taxi drivers, rideshare operators, and commercial vehicle drivers, are subject to the same mobile phone restrictions as other drivers. However, specific exemptions may apply for two-way radio communications and professional driver applications when used in accordance with the regulations.

Contesting a charge

Options for disputing infringements

If a person receives an infringement and does not believe they are guilty of the offence, or if they had a compelling reason for committing the offence, they may elect to have the matter dealt with by a court.

In court, a person may plead guilty and explain the circumstances of the offence or plead not guilty and have the matter adjourned for a contested hearing.

Court proceedings

At a hearing, the court will hear evidence and decide whether the offence is proven or not. If it is proven, the court will decide on the appropriate penalty. If it is not proven, the matter will be dismissed.

The court may consider various factors including the circumstances of the offence, the driver's traffic history, and any mitigating factors when determining an appropriate penalty.

Frequently Asked Questions

Can I use my phone for GPS navigation as a full

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Frequently Asked Questions

What are the specific circumstances where learner and provisional drivers can legally use a mobile phone while driving in Tasmania?

Learner and provisional licence holders can only use a mobile phone while driving to make emergency calls to 000, 112, or 106. The phone must be secured in a mounting and operated hands-free without touching the device. All other mobile phone use, including hands-free calls for non-emergency purposes, messaging, or using applications, is completely prohibited for L and P plate drivers in Tasmania.

How do Tasmania's mobile phone driving laws compare to other Australian jurisdictions for full licence holders?

Tasmania allows full licence holders to use mobile phones hands-free when properly mounted, similar to most Australian jurisdictions. However, Tasmania's specific penalties of 3 demerit points and fines may differ from other states. The complete prohibition for L and P plate drivers, including hands-free use, is stricter than some jurisdictions. Tasmania's enforcement under the Road Rules 2019 aligns with national road safety objectives while maintaining state-specific penalties.

What are the costs involved in getting legal help for a mobile phone driving offence in Tasmania?

Go To Court Lawyers offers a fixed consultation fee of $295 to discuss your mobile phone driving charge in Tasmania. This consultation covers reviewing your case circumstances, explaining potential defences, and advising on the best legal strategy. Additional costs depend on whether you proceed to court representation. Given the significant penalties including demerit points and fines, professional legal advice is often worthwhile for protecting your driving record.

How can a criminal lawyer help defend against mobile phone driving charges in Tasmania?

A criminal lawyer can examine the evidence against you, including police observations and any photographic proof of mobile phone use. They can challenge the prosecution case by questioning whether the phone was actually being used, if it was properly mounted, or if emergency circumstances applied. Lawyers can also negotiate with prosecutors, argue for reduced penalties, explore alternative sentencing options, and ensure your rights are protected throughout the legal process.

Are there time limits for contesting a mobile phone driving offence in Tasmania?

Yes, there are strict time limits for responding to mobile phone driving charges in Tasmania. You typically have 28 days from receiving the infringement notice to either pay the fine or elect to have the matter heard in court. Missing these deadlines can result in additional penalties and enforcement action. It's crucial to seek legal advice quickly to preserve your options and ensure proper defence preparation within the required timeframes.

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