South Australian law now permits the use of mobile phone detection cameras across the State. For more information, including the locations of the 5 cameras currently in use, visit thinkroadsafety.sa.gov.au.
Under rule 300 of the Australian Road Rules, it is an offence to use a mobile phone when driving, other than when parked. This means that a driver is not permitted to use a mobile phone even when stationary at traffic lights.
Rule 300 permits a driver to use a phone to make or receive an audio phone call provided the body of the phone
An audio phone call does not include an email, text message, video call or video message. This means that creating, viewing or sending text or video messages while driving is illegal, even by remotely accessed phones. However, automatic receipt of communications by the phone itself are excluded [rule 300(3)].
A mobile phone may be used as a driver’s aid but only if the phone is securely attached in a proper device to the vehicle while in use and the use of the phone does not require the driver to press or manipulate any part of the phone.
Use is defined very broadly in rule 300, as modified by reg 43B of the Road Traffic (Road Rules - Ancillary and Miscellaneous Provisions) Regulations 2014 (SA). It includes any of the following actions by a driver:
In rule 300, held includes held by, or resting on, any part of the driver's body. It does not include held in the driver's pocket or pouch.
In South Australia, a driver will not commit an offence against rule 300 of the Australian Road Rules if their vehicle is stationary in a road-related area and their mobile phone is being used to
See Road Traffic (Road Rules - Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) reg 43C.
Learner permit and provisional (P1) drivers are prohibited from using any type of mobile phone technology whilst driving [Road Traffic (Road Rules - Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) reg 44]. The ban includes hands free mode (for example, Bluetooth) and loud speaker.
It is legal for a learner or P1 driver to make or receive calls if the car is safely parked. This does not include being stationary in traffic or at traffic lights. It is also lawful for a learner or P1 driver to use a phone in the circumstances set out in regulation 43C (outlined above).
The Australian Road Rules clarify that a car may be parked for the purposes of rule 300 even if the key is in the ignition, or the engine is running.
See Expiable Offences and Fees (PD320A) on the SAPOL website for the current penalties that apply.
If you have received an expiation notice for using a mobile phone while driving, call 1300 366 424 for free legal information and advice.
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