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Explanation of law relating to using mobile phones while driving in the ACT

1K views 4 replies 3 participants last post by  Who is John Galt? 
#1 · (Edited)
Extract from ACT Road Rules Handbook (pages 23 to 24):

It is an offence to use a mobile phone which is held in the hand while driving a vehicle. This includes sending or reading text messages, video messages and emails. You can only use a mobile phone to make or receive phone calls if your phone has a hands free connection or is secured in a commercially designed cradle.

If your phone is not fitted with a hands free connection or secured in a cradle, you must stop and park the vehicle before answering or making a phone call. Drivers can also use their mobile phones for GPS purposes and vehicle system functions, provided the mobile phone is securely mounted to the vehicle.

The "do's" and "don'ts" of using mobile phones while driving

What you can do with a mobile phone, when driving:

  • Mobile phones can be used as a driver's aid for navigational and intelligent highway functions, such as through Google Maps, TomTom App, Garmin App and others, provided the phone is securely mounted to the vehicle.
  • Drivers and riders are legally allowed to touch the phone when it is securely mounted.
  • Mobile phones can be used to make or receive a phone call provided the phone is mounted to the vehicle. Drivers and riders are legally allowed to touch the phone if it is securely mounted.

    • If the phone is not mounted, it can still be used to make or receive a phone call, but the driver or rider must not touch or hold any part of the phone at any time, this can be done via Bluetooth or voice activation.

      Important road safety information:
    • Use of mobile phones when driving
      is distracting. Drivers and riders must have full control of the vehicle and pay attention to road conditions at all times.
    • Motorists using mobile phones for GPS navigation are encouraged to rely on the GPS' spoken directions to avoid the need to look at the phone when driving.

      What you cannot do when driving:
    • It is illegal for drivers and riders to use mobile phones for anything other than for making or receiving a call and for navigational purposes.

    • The following activities are not permitted (even if the phone is securely mounted):
    • texting and audio texting, video messaging, emailing, using social media, using mobile phone applications other than for navigational purposes, and taking photos.
(https://www.accesscanberra.act.gov....direct/1/filename/ACT+road+rules+handbook.pdf)
 
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#4 ·
The question arises whether touching the (mounted) phone to accept a ride request is using the phone for navigation. On one view, it is because it's the first step in being directed to the pickup point. On another view, it's not because it's one step removed from actual navigation.

I favour the former view but the position is not clear-cut.

I have not heard of any drivers in Canberra receiving fines from the police for touching the phone to accept ride requests while driving or stopped in traffic.

When a group of us recently met with ACT Government representatives, we raised this issue and argued that clarification of the law itself or its practical application was desirable.

In New South Wales, the position is clearer as they have an exemption for touching mounted phones being used as driver's aids, which include despatch systems.
 
#5 ·
What you cannot do when driving:

  • texting and audio texting, video messaging, emailing, using social media, using mobile phone applications other than for navigational purposes, and taking photos.
I am assuming the above bullet point is badly worded. Or is it?
Are you allowed to take photos whilst driving? Either with a phone (camera) or a dedicated camera?
I have never thought about this before.
.
 
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