[NSW] Mobile Phone Use Whilst Driving

I am trying to settle a dispute. I am of the understanding that a fully licensed driver in NSW can use their mobile phone(I.e. touch the mobile screen) to make and receive calls(-and use navigation) as long it is in a fixed cradle.

Can anyone point me to a road rule that would prove me wrong?

Comments

  • As far as i'm aware, no.

    You can use a mobile device to make calls, listen to music provided that:
    a) it is in a secure cradle attached to the vehicle that does not obstruct your view
    AND
    b) Can be operated without touching any part of the phone.

    So you can activate it useing your steering wheel controls or voice commands.

    A quick google search shows this (https://roadsafety.transport.nsw.gov.au/stayingsafe/mobileph…)

    • +3

      My understanding from that page is you can touch the phone to make a call or use the audio playing function IF it is in a cradle.

      ONLY if the phone is either:

      • In a cradle fixed to the vehicle and doesn't obscure your view of the road
      • can be operated without touching any part of the phone, such as via Bluetooth or voice activation

      Either means one of the conditions, not both. Both conditions (AND) only apply if you are using the phone as a drivers aid i.e GPS. See pic.

      Then again, if you're pulled over by the cops, it will be difficult to prove that you were using the phone to answer a call (unless you have a camera recording what you're doing on the phone). The cops will see that you're using the phone and most likely book you. I would stick to a bluetooth option.

    • +2

      @dizzle You are changing the word on the website it is EITHER not AND

      If one (not both) of the conditions is met then you can use it

      To make or answer a call
      To use the audio playing function (e.g. music)

      and

      As a driver's aid (e.g. navigation, Speed Adviser app) ONLY if the phone is in a cradle fixed to the vehicle and doesn't obscure your view of the road

    • +1

      How do you fail a copy and paste?

  • +1

    think about it…

    why would they bring in a law to make it next to impossible to use a phone while driving unless it's in a cradle, then make it ok to touch the screen?

    • Did you purposely make your post not wrap so no one can read it?

  • +3

    you can touch the phone whilst driving if it has given you consent.

    • '#metoo'

      • Pound Me Too. If you insist.

  • Agree. EITHER is the key word. So as long as it is in a cradle, it seems you can touch it as long as you are performing one of the allowed functions.
    You can also hold your phone if you are passing it to passenger.

  • I'm not sure where I picked this from, but it's something about not being distracted by the device longer than 3 seconds when touching it in its cradle. Not sure if it's official law or just a police guideline.

  • -1

    You can use it as long as you are not touching the phone. It has to be via bluetooh. You need to set maps, etc prior to starting the drive.
    If you even touch the phone for a single second you are bound to cop a fine

  • It is pretty straightforward, I don't know what your dispute would be about. Can you clarify?

    • It’s simple. My brother in law was adamant that “it is illegal to touch a mobile phone whilst driving”. I was arguing his point; neither of us back down easily.

      Thanks for the responses. But the only way for me to prove I’m right is to get a. Copper to tell him.

      Thanks all

      • +1

        If he thinks it's illegal then he wouldn't do it, right?

        He argues against the information in this link?

        https://roadsafety.transport.nsw.gov.au/stayingsafe/mobileph…

          1. Can I dial a number if my mobile phone is in a cradle?
            Yes, if you have a full unrestricted licence. You can use a mobile phone for calls if it is secured in a mounting fixed to the vehicle. Using a mobile phone legally can still be distracting. Consider if the call is urgent and the demands of the traffic before using your mobile

          Does it mean you can touch it to dial no

      • But the only way for me to prove I’m right is to get a. Copper to tell him.

        That is not the best way. Police often have their own interpretation of the rules - which might be right or wrong. The only way to prove it is to read the legislation, not an official guide (like from RMS), not a website quoting the legislation, but the actual legislation.

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