Use of mobile phones

(1) The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a mobile phone that the driver is holding in the driver’s hand while the vehicle is moving, or is stationary but not parked.

Maximum penalty—20 penalty units.

(2) In this section—

mobile phone does not include a CB radio or any other two-way radio.

use, in relation to a mobile phone, includes any of the following—

(a) holding the phone to, or near, the ear, whether or not engaged in a phone call;

(b) writing, sending or reading a text message on the phone;

(c) turning the phone on or off;

(d) operating any other function of the phone.

The Queensland Department of Transport and Main Roads website has also provided the below information on mobile phone use restrictions for young and provisional drivers - Current as at 14 May 2013.

Additional restrictions apply to young drivers and their passengers
Learners, P1 type licence holders under 25 years of age and P1 type licence holders (who return from a disqualification to a P1 type probationary licence where at the time of the offence they were under 25 years of age) are subject to further restrictions. These licence holders are not permitted to use:
hands-free kits
wireless headsets
loudspeaker functions
Passengers and supervisors of these licence holders are also banned from using mobile phones in loudspeaker mode while the car is being driven. However, passengers or supervisors can use a hand-held or hands-free mobile phone where only a one-way conversation can occur and not distract the driver.
The additional restrictions do not apply to P2 type licence holders. P2 type licence holders can only use a hand-held mobile phone while the vehicle is legally and safely parked as per Queensland legislation.
Using a hand-held mobile phone is illegal when driving, even when you are stopped at traffic lights. This includes making and receiving calls and text messaging. You must pull over and park in a safe place to make or receive a call. If you are found using a hand-held mobile phone while driving, you will be given a ticket for this offence and three demerit points will be recorded against your traffic history.
Learner and P1 type provisional licence holders who fail to comply with additional mobile phone restrictions will incur a penalty. Passengers and supervisors using loudspeaker mode will also be penalised.

For more information visit the Queensland Department of Transport and Main Roads website


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