Land Transport (Road User) Rule 2004

7.3A Ban on use of mobile phones while driving

(1)

A driver must not, while driving a vehicle,—

(a)

use a mobile phone to make, receive, or terminate a telephone call; or

(b)

use a mobile phone to create, send, or read a text message; or

(c)

use a mobile phone to create, send, or read an email; or

(d)

use a mobile phone to create, send, or view a video message; or

(e)

use a mobile phone to communicate in a way similar to a way described in any of paragraphs (b) to (d); or

(f)

use a mobile phone in a way other than a way described in any of paragraphs (a) to (e).

(1A)

Subclause (1) is overridden by subclauses (2) to (7).

(2)

An enforcement officer may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the officer is making, receiving, or terminating the call in the execution of the officer’s duty.

(3)

A driver may, while driving a vehicle, use a mobile phone if—

(a)

the driver is using the phone to make a 111 or *555 call; and

(b)

it is unsafe or impracticable for the driver to stop and park the vehicle to make the call.

(4)

A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the phone does not require the driver to hold or manipulate it to make, receive, or terminate the call.

(5)

[Revoked]

(6)

A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the vehicle has stopped for a reason other than the normal starting and stopping of vehicles in a flow of traffic.

(7)

A driver may, while driving a vehicle, use a mobile phone in a way described in subclause (1)(a) or (f), if both the following apply:

(a)

the phone is secured in a mounting fixed to the vehicle; and

(b)

if the driver manipulates or looks at the phone, he or she does so infrequently and briefly.

Clause 7.3A: inserted, on 1 November 2009, by clause 23 of the Land Transport (Road User) Amendment Rule 2009 (SR 2009/253).

Clause 7.3A(1): substituted, on 11 December 2009, by clause 6(1) of the Land Transport (Road User) Amendment Rule (No 2) 2009 (SR 2009/345).

Clause 7.3A(1A): inserted, on 11 December 2009, by clause 6(1) of the Land Transport (Road User) Amendment Rule (No 2) 2009 (SR 2009/345).

Clause 7.3A(5): revoked, on 11 December 2009, by clause 6(2) of the Land Transport (Road User) Amendment Rule (No 2) 2009 (SR 2009/345).

Clause 7.3A(7): added, on 11 December 2009, by clause 6(3) of the Land Transport (Road User) Amendment Rule (No 2) 2009 (SR 2009/345).