Mobile Phones While Driving

Mobile phones while driving - what can and can't I do?

There are very stringent laws in Queensland that regulate the use of mobile phones while driving. 

You are unable to use a mobile phone while driving.  The legislation has a broad definition of the term “use”, and the definition now extends to holding your mobile phone.  You are unable to hold a mobile phone, or rest a mobile phone on any part of your body while you are driving (or when the vehicle is stopped but not parked, such as at a traffic light). 

I wasn’t using my mobile phone.  I was only holding it.  Will I still be charged?

Yes. 

The word “use” is defined in the legislation to mean “hold the phone in the driver’s hand, or rest the phone on any part of the driver’s body”.  It does not matter whether you are operating the mobile phone; simply holding the mobile phone is an offence in Queensland.

There are some limited exemptions.  These include:-

1. Using your mobile phone to pay for a service when the vehicle is stationary, such as purchasing food at a drive through;
2. Producing your mobile phone to the police when asked to do so; and
3. Using your mobile phone to gain access to a road related area, such as a car park.

The exemptions are very limited and do not apply to P1 or learner drivers.  It is important to seek legal advice if you have been issued an Infringement Notice, and an exemption applies to your circumstances.

Can I keep my mobile phone in my pocket when driving?

You are able to keep your mobile phone in your pocket while driving.  The mobile phone must be stored in a manner that prevents you from operating the mobile phone (other than using your voice).  You must not be able to see the face of the mobile phone. 

What is the penalty for using my mobile phone when driving?  

If you are charged with using your mobile phone while driving, you will be given an Infringement Notice.  You will be required to pay a fine and to also have four demerit points recorded on your traffic history. 

You will be subject to double demerit points for a second or subsequent offence within one year.  This means that if you are fined for using a mobile phone while driving a second time, you will have eight demerit points recorded against your traffic history. 

You will receive a licence sanction (a period of suspension or good behaviour option) if you accumulate 12 or more demerit points within a three year period, if you hold an open licence.  The demerit point allocation for this offence is therefore high and can result in the loss of licence.  This is particularly true if you are repeatedly charged with using a mobile phone while driving.

I didn’t use my mobile phone.  What are my options?

You will be issued with an Infringement Notice if you are charged with using a mobile phone while driving.  You have 28 days to respond to the Notice.  You can either:-

1.  Pay the fine in full, or enter into a payment plan if you are unable to pay the fine in full; or
2.  Dispute the Notice and elect to have the matter heard before the Court.

It is important that you respond to the Notice, particularly if you contest the offence.  If you do not respond within 28 days, you may lose your right to contest the Notice. 

If you would like more information regarding using a mobile phone while driving, or any other driving matters, please contact our office on (07) 4963 2000 or via our online contact form.