Call our lawyers
now
or,
have our lawyers
call you
Driving While Using A Mobile Phone
Updated on Jul 19, 2022 • 3 min read • 1384 views • Copy Link
Driving While Using A Mobile Phone
As Traffic Law specialists we are often asked as to when and how you can use your mobile phone while driving. These enquiries normally arise after the person has been pulled over by the police and fined which also resulted in a loss of three demerit points. To avoid losing demerit points which could result in a licence suspension, it is important to have a clear understanding of the laws surrounding mobile phone use.
Can I use my mobile phone while driving?
You can only use your mobile phone while driving if it is secured in a holder fixed to the vehicle or can be controlled without physically touching your phone and the phone is not resting on any part of your body.
Can I use any function on my phone as long it is secured to the vehicle?
No. You can only use your mobile phone while driving if you are making or receiving calls, playing music or using the GPS function. To use the GPS function it must be secured in a holder fixed to your car. You can’t have it on the seat next to you in which you have to glance down to see the screen. You can’t text, make video calls or email while driving under any circumstances. You also can’t pick up your phone to check the time, to move it to a different location in the car or to check the caller ID on a missed call or text.
What is considered driving?
The Road Safety Rules 2009 refer to the vehicle being moving or stationary, but not parked. So if you are stopped at traffic lights you still must comply with the above requirements if you are going to use your mobile phone.
Do these laws relate to all drivers?
No. Learners and P1 drivers are prohibited from using their mobile phone at all while driving.
Why are the laws so strict?
Using a mobile phone while driving distracts you in many ways including: physical distraction by handling the phone; visual distraction because your eyes are off the road and on your phone; and cognitive distraction as it can result in a lapse of concentration and judgement. These effects can result in wandering out of your lane, slower reaction time, slower and less controlled braking and not being alert to your surroundings. All of which, obviously, can result in a traffic accident!
Laura Turner
Senior Associate
Laura Turner holds a Bachelor of Laws and Bachelor of Arts as well as a Graduate Diploma of Legal Practice. She is admitted to practice in the Supreme Court of Queensland. Laura began her legal experience through volunteering with the Student Legal Service offering free advice to students, and through a clerkship in the conveyancing team of a law firm in Hobart. She also volunteered at a Prisoner Legal Service, assisting inmates to obtain parole. Laura has a strong focus on family law, criminal and traffic law, although looks to broaden her knowledge into migration and civil law.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Breaking a Lease for a COVID-19 Reason (Vic)
Please note that the legislation referred to on this page is no longer in force. On 24 April 2020 Victoria passed legislation temporarily amending the Residential Tenancies Act 1997 in response to the COVID-19 pandemic. The COVID-19 Omnibus (Emergency Measures) Act 2020 will be in force for six months. Among ....
Posted in:
Civil Law
Victoria
Relaxing of Coronavirus Emergency Restrictions (Vic)
Please note that this post was published on 14 May 2020. The information on this page is no longer accurate. On 30th March 2020, the Victorian government put in place strict emergency restrictions in an attempt to limit the spread of the Coronavirus. On 1 June 2020, these restrictions were ....
Posted in:
Criminal Law
Victoria
George Pell Acquitted by High Court
On 7 April 2020 the High Court granted former Cardinal George Pell leave to appeal against the decision of the Victorian Court of Appeal to uphold the jury’s findings of guilt against the Cardinal in December 2018. After hearing his appeal, the High Court found that the jury ought to ....
Posted in:
Criminal Law
Victoria
Self-Isolation Restrictions and Penalties (Vic)
The Public Health and Wellbeing Act 2008 (the PHW Act) was enacted with the purpose of promoting and protecting public health in Victoria. It contains provisions that allow the State Government, and its Chief Health Officer, to make directions in response to public health concerns of national and international importance. ....
Posted in:
Criminal Law
Victoria
In January 2017, a Melbourne man drove his car through the busy Bourke Street mall, killing six people and injuring many more. After it came to light that the man had been on bail in relation to other offences at the time the tragedies occurred, Victoria’s bail laws were reformed ....
Posted in:
Criminal Law
Victoria
Should Wheel Clamping Be Illegal? (WA)
A local government body in Western Australia is planning to ban the practice of wheel clamping within its boundaries. The City of Stirling recently voted unanimously to draft the Immobilisation and Detention of Vehicles Local Law 2019. The bill would ban wheel clamping in most circumstances and regulate the detention ....
Posted in:
Traffic Law
Western Australia
Supreme Court Dismisses George Pell Appeal
On 21 August 2019, the Victorian Supreme Court handed down its decision in Cardinal George Pell’s appeal against findings of guilt for child sex offences that occurred in Melbourne in the 1990s. The court dismissed Pell’s appeal by a majority of two to one, with Justice Weinberg dissenting. Pell will ....
Posted in:
Criminal Law
Victoria
Changing the Sex Descriptor On a Birth Certificate (Vic)
Under legislative changes proposed by the Andrews government, Victorians will be able to change the sex recorded on birth certificates without the need to undergo sexual reassignment surgery. The Labor government on Tuesday introduced a bill to allow individuals to nominate a gender to be listed on their birth certificate. ....
Posted in:
Civil Law
Victoria
Cardinal Pell Was Sentenced Today
Cardinal George Pell was sentenced today by the Victorian County Court for historical child sex offences. He received a total effective sentence of six years imprisonment with a non-parole period of three years and eight months. The offences occurred in St Patrick’s Cathedral in Melbourne in 1996 and 1997 and ....
Posted in:
Criminal Law
Victoria
Gargasoulas Sentenced For Bourke St Killings
The man who drove a stolen car through Bourke Street mall, killing six people and seriously injuring 27 in 2017, was sentenced by the Victorian Supreme Court on 22 February 2019. Justice Weinberg called it one of the ‘worst examples of mass murder’ in Australia’s history and ordered James Gargasoulas ....
Posted in:
Criminal Law
Victoria
Gay Conversion Therapy to be Banned in Victoria
The Victorian Premier has announced the state will be passing legislation to outlaw the controversial practice of gay conversion therapy. The Health Complaints Commissioner, which commenced an inquiry into the practice last year, found overwhelming evidence that the therapy does long-term damage to people who receive it. The inquiry into ....
Posted in:
Civil Law
Victoria
Road Rules and Driver Distraction
The National Transport Commission (NTC) is currently reviewing how the Australian Road Rules deal with driver distraction. The current rules relating to driver distraction were developed in 1999 when mobile phones were mainly used for calls and text messages and in-vehicle technology was limited to television screens. The review will ....
Posted in:
Australia
Traffic Law