Mobile Phones and Driving
It is illegal to drive or ride a vehicle while ‘using’ a hand held mobile phone. ‘Using’ includes holding the phone to or near your ear (regardless of if you are on a telephone call or not), writing, sending or reading a text message on the phone, turning the phone on or off, or operating any other function of the phone.
It is also illegal to ‘use’ your phone when your vehicle is stopped but not parked (e.g. when you are waiting at the traffic lights). If you need to use your mobile phone, ensure your vehicle is stationary and parked.
You can use a hands-free kit whilst driving, but it is illegal to use while driving if it causes you to lose proper control of your vehicle. It was held in Kyriakopoulos v Police (2006) 46 MVR 343; [2006] SASC 71 that the use of a mobile telephone by means of an extension cord and earpiece held to the ear by hand constitutes use of a “hand held” mobile telephone.
Holding a mobile phone in your hand against the steering wheel whilst speaking on a speaker phone is also illegal: Fauska v Jones [2008] WASC 173.
If you are caught using a phone, there is an on-the-spot fine of $243 and a loss of three demerit points. If you are convicted by a court, there is a fine of up to $2,200.
