Mobiles to be Untouchable while Driving say new NSW Rules

Monday 22 October 2012 @ 3.40 p.m. | Legal Research

From 1 November  2012 NSW motorists will not be able to talk on a mobile phone they are holding while driving. In fact they should also not even be holding a mobile phone while driving under the new road rules that start from next month.

The rules will significantly clarify how motorists can and cannot use their mobile phone while driving. For example the new rules provide that a driver is allowed to use a mobile for making or receiving a call, or playing music, if the phone is fixed in a secure mounting and drivers are not allowed to hold or touch their phones other than to pass them to a passenger, differing from  the current rules that provide that "motorists should not use a phone they are holding while driving".

The Roads and Maritime Services is quoted as saying the purpose of the new rules is "to clear up any ambiguity". Effectively where a phone is fixed in a mounting then drivers are allowed to touch it or make or take a phone call, change a song; or use it as a GPS device. They are not however allowed, for example; to touch their phone if, they have it sitting on their lap and on loudspeaker. According to The Roads and Maritime Service: ''The key message with the rules is that you don't touch your phone while driving.'' Texting, sending emails or tweets or playing games on a phone while driving are all prohibited, even if the phone is in a mounted.

The penalty for breach are high, holding a phone while driving will cost three demerit points (four in a school zone) and a fine of $298 ($397 in a school zone).

Read more on this story here.

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