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Mobile Phone Driving Laws


Laws in all states and territories are moving toward a tightening of mobile phone driving laws summarized below.

1. Using a hand held mobile is prohibited for learner and provisional license holders unless safely parked.
2. Mobile phone use is prohibited except if the phone
    a. is secured in a commercially designed holder fixed to the vehicle, or
    b. can be operated by the driver without touching any part of the phone.
3. Holding a mobile or resting a mobile on the driver’s lap even if not engaged in a phone call is also prohibited.

Bluetooth speaker phones and installed car kits may be used whilst the phone is in the driver’s pocket or in the console as long as the mobile phone is not touched.

Victoria


From 9 November 2009, rules governing mobile phone use while driving will be tightened.

Under the changes, using a mobile phone to make or receive a phone call while driving will be prohibited except if the phone:

  • is secured in a commercially designed holder fixed to the vehicle, or
  • can be operated by the driver without touching any part of the phone.

Even holding a mobile phone, whether or not engaged in a phone call, will also be prohibited. Holding also includes resting the phone on the driver's lap.

As is currently the case, learner and P1 drivers will not permitted to use a mobile phone at all while driving, regardless of whether it is hand-held or hands-free.

Click here to find out more

South Australia

25 March 2008, rules governing mobile phone use while driving were tightened and mirror what the Victorian changes will be.

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New South Wales

If you must talk on a hands-free phone while driving:
  • Make sure it is a hands-free phone that is set up and working before you start driving.
  • Keep the conversation short. Don't engage in complex or emotional conversations.
  • Tell the person on the other end that you are driving and may have to end the call.
  • Never text message (SMS) while driving.
  • End the call if it is distracting you from driving.

Remember, if you don't have proper control of your vehicle because you are talking on a hands-free mobile phone you are guilty of an offence.

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Queensland

Queensland Drivers may use wireless headsets or handsfree carkits but not the speakerphone function of the mobile phone.

Learner class drivers are restricted from mobile phone use except if parked in a safe place.

Western Australia

Whilst it is not illegal to use a hand held mobile phone, it is not recommended.

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Northern Territory

Mobile phone use, including hands free, is banned for all L and P plate drivers

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Australian Capital Territory

Hand held mobile phones can be used if you can work your phone without holding it or buttons on your phone can be pushed it if is sitting in a commercially available cradle.

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