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. This page outlines the laws as they currently stand in Tasmania about mobile phones and driving.
Legislation
The rules on mobile phone use and driving in Tasmania are contained in the Road Rules 2019.
Learners and provisional licence holders
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.
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.
Full licence holders
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.
OR
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.
A person who uses a phone while driving other than in these circumstances commits an offence punishable by a fine of 5 penalty units.
Detection cameras
In Tasmania, mobile phone and seatbelt detection cameras are used to detect possible offences from an elevated position.
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.
Contesting a charge
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.
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.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.