With the changes to the laws regarding mobile phone usage, we should all be really careful about how or if we use mobile phones in our cars.  In light of this change, you should double check what 'mounted to the vehicle' means.

 

 

Why does mounting the phone matter?

There are many parts to the mobile phone rules, but for the purposes of mounting your phone the law provides that a driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone is secured in the mounting affixed to the vehicle while being so used.

 

Also a driver may use the phone if the phone is functioning as a visual display unit that is being used as a driver's aid and the phone is secured in a mounting affixed to the vehicle.

 

 

What does mounting the phone mean?

A mobile phone is secured in a mounting affixed to the vehicle only if the mounting is commercial designed and manufactured for that purpose, and the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle in the manner intended by the manufacturer.

 

This means that if you rig up your own mounting, McGyver style, it doesn't meet the definition.  If you have a commercial bought mounting but don't stick it where it belongs, like sticking a window mounted phone to your steering wheel or your dash, then you don't meet the definition.  If the mounting comes off of the window and the phone is sitting on the passenger seat or the driver's console, then again, you can't touch it because it isn't mounted within the legislative definition.

 

 

Learner and Provisional Drivers

None of this applies to learner or provisional drivers.  Learner or provisional drivers cannot use their mobile phones at all.

 

 

What should I do?

If you have received a traffic infringement or fine that you think is incorrect then come and speak with Bruce Coode.  Bruce has been acting for drivers for over forty years and he understands that your licence is important.  Your first half hour is free, and he can tell you whether you have a defense to the ticket or fine you have received.

Bruce Coode

 

 

More Information

For more information about our firm generally, or driving specifically, read some more of our articles about driving.