Is It Illegal to Use Your Phone While Driving?
Using a mobile phone while driving is strictly regulated in South Australia. The law states that drivers must not use a mobile phone when their vehicle is:
- Moving; or
- Stationary but not parked
What is the definition of ‘parked’ ?
A vehicle may be ‘parked’, even though:
- the key to the vehicle is located in the vehicle’s ignition lock; or
- the engine of the vehicle is running.
What is the definition of ‘Use’?
‘Use’ of a mobile phone by a driver includes:
- Holding the phone in hand (whether or not engaged in a call), except when handing it to a passenger.
- Entering or placing anything into the phone manually, sending, or viewing any content.
- Turning the phone on or off.
- Operating any function of the phone.
What Counts as ‘Using’ a Mobile Phone?
The law defines ‘use’ broadly, and it includes:
- Holding the phone in your hand (even if you’re not on a call).
- Texting, typing, scrolling, or looking at anything on your phone.
- Turning the phone on or off.
- Operating any function of the phone.
What is Considered ‘Holding’ a Phone?
‘Holding’ a mobile phone includes:
- Holding it in your hand.
- Resting it on any part of your body, including your lap.
- It does not include having the phone in a pocket or a pouch worn by the driver.
Important Notes:
- If your phone is resting on your lap, it still counts as holding it, which is illegal.
- Simply glancing at your phone screen while driving can be considered ‘use’ under the law.
When is Mobile Phone Use Legal?
A driver does not use a phone to receive a text, video, or email if:
- The message is received automatically.
- The content does not become automatically visible on the screen.
A driver can use a mobile phone whilst driving if:
- It is used for making or receiving an audio call or as a driver’s aid and:
- It is secured in a commercially designed mounting affixed to the vehicle.
- It is not secured but also not held, and the use does not require pressing or manipulating the phone.
What is Considered a Driver’s Aid?
Certain devices are permitted as driver’s aids, including:
- Navigation systems (GPS).
- Security cameras.
- Dispatch systems.
- Rearview camera screens.
- Ticket-issuing machines.
- Vehicle monitoring devices.
A mobile phone is deemed secured in a mounting affixed to the vehicle if:
- The mounting is commercially designed for that purpose.
- The phone is secured in the mount as intended by the manufacturer.
Special Rules for Learner and Provisional Drivers
- Learner and P1 Licence Holders, cannot use any function of a mobile phone while driving.
- P2 Licence Holders, can use a mobile phone only if in compliance with the Australian Road Rules.
Understanding and following these laws can help you avoid fines, demerit points, and serious legal consequences. If you need legal advice regarding mobile phone use offences, Shkambi & Associates can assist you. Contact us today to book a consult to discuss your case.
Get Expert Legal Assistance Today-Experienced traffic lawyers in Adelaide
The following information is intended for general informational purposes only and does not constitute legal advice. For advice tailored to your specific situation, please contact our office.