Most of us are stuck like glue to our mobile phones. With all these convenient functions in a compact, easy-to-use device, this is not surprising. You probably have your phone with you at all times, and, likely, know how to multitask with it. However, driving and using your phone simultaneously do not mix well.
Unlawful Use of Mobile Phones
Many people might not fully understand how easy it is to break a traffic law when using your mobile phone.
A Queensland man quickly learned about this when he got caught breaking this traffic rule. He was fined $1,033 and received four demerits for keeping his phone on him while driving. He later claimed that he was not aware of this law. Much to his displeasure, a traffic camera in Brisbane picked up the offence.
You are breaking mobile phone traffic laws if you do the following:
- Hold your phone in your hands
- Place the phone on a body part such as your lap or shoulder.
It doesn’t matter if you’ve stopped at a red light. You can even be guilty of breaking a traffic law if your phone is switched off. Contact Traffic Lawyers in Brisbane if you need help or have been caught breaking this law.
Mobile Phone Limitations
Learner and P1 drivers under 25 cannot use hands-free or wireless headsets. These drivers also cannot continue a conversation via loudspeaker.
If your phone is in your pocket, bag, holder, etc., you may not use it. This means you cannot touch or gaze at it and cannot even control it through voice commands.
Operating Your Mobile Phone in a Safe Way
You are allowed to use your phone when your car has been carefully stopped in the following situations:
- Paying for items or services e.g., at a drive-through.
- Using a phone to enter a certain place, e.g., a car park.
- Showing the police your electronic driver’s licence that is stored on your phone.
You can access your mobile phone when your car is parked. Parked means you have stopped because you plan to stay there for a while.
Using a Hands-Free Device
An open or P2 licensed driver can touch their phone to activate the hands-free function.
Using a phone hands-free involves:
- Clicking “answer” when getting a call.
- Using GPS.
- Swiping to the next song.
- Accepting or stopping a journey on an application used by rideshare drivers.
Open and P2 drivers can use voice commands to control a phone in their pocket or pouch.
That said, mobile phones must not block your field of vision at all. It is also vital that you are not distracted and that you are in control of the vehicle. You must drive with the necessary care and awareness.
Penalties
Using a mobile phone while driving can attract a fine of $1,078 plus four demerit points on your record. Double demerit points are issued for any mobile phone infringements that happen the second or following time — if these infringements occur within one year.
Open or P2 licence holders can also get fined if they use their mobile phones hands-free. This happens if using a mobile phone prevents them from being careful or aware when driving.
Conclusion
Consider this fair but a friendly warning. You will be fined and get demerit points on your record when you use your mobile phone while driving. Make sure you are familiar with safe and legal mobile phone use. Contact Traffic Lawyers in Brisbane for expert legal advice if you have received a fine and need help disputing it.