Land Transport (Road User) Amendment Rule 2009

23 New clause 7.3A inserted

• The following clause is inserted after clause 7.3:

  “7.3A Ban on use of mobile phones while driving

  • “(1) A driver must not, while driving a vehicle, create, send, or read a text message on a mobile phone or make, receive, or terminate a telephone call on a mobile phone or use a mobile phone in any other way. This subclause is overridden by subclauses (2) to (6).

    “(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) A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if—

    • “(a) the phone is secured in a mounting fixed to the vehicle; and

    • “(b) the driver manipulates the phone infrequently and briefly.

    “(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.”