These days we use our phones for literally everything. From communicating to entertainment to knowing where to go – it’s become second nature to use it pretty wherever and whenever we need it.
But for anyone driving, the rules just got a lot stricter.
From harsher penalties, and with police more on the lookout – it’s good to be fully aware of what’s allowed and what’s not.
So next time you’re driving, make sure you’re aware of these 5 things:
1. Checking your phone
Basically, don’t do it. It’s illegal to check your phone by touching it or using it in any way while you are driving. According to the Road Traffic Code 2000, using a phone can mean any of the following:
- Resting it on any part of the driver’s body while the car is on or driving
- Entering information into the phone
- Looking at something on the phone
- Turning the phone on or off
- Operating the phone in any way
There are some minor exceptions to this rule: if you are an on-demand vehicle such as a taxi or Uber, and you’re using the visual display for work-related information like navigation and are driving in a restricted area like a marked school zone or on the freeway.
2. Making a call
Driving is one of the best times to catch up on a business call, reach out to a friend, or get in touch with your family. After all, you’re basically just sitting there – probably stuck in traffic.
This is where things get dicey.
While it’s possible to make, receive, or hang up on a call – it’s only legal if you do not touch your phone. Calls can be made with the phone mounted to the vehicle and using hands-free mode via Bluetooth connection. You cannot reach out and tap the answer button or send an automatic text reply saying you’re busy. It’s best to leave the call and ring back later when you’re out of the car.
The penalty of making, answering, or ending a call while driving is currently $500 and 3 demerit points.
3. What about videos, photos, texts
It’s tempting to capture scenic views, wildlife, and other exciting things occurring outside the car. And snapping a sneaky pic or taking a lazy film as you cruise along might seem natural – it’s also dangerous and illegal.
When it comes to taking videos, photos, or messages that either contain or are in fact video messages like on Snapchat, TikTok, or Instagram – the law is very clear:
The driver is not allowed to:
- create, send or read a text message or email; or
- make or receive a video call; or
- create, send or view a video message; or
- take or view a photo; or
- make or view a video;
Essentially, it’s illegal to write, create, or send a text, email, or any other content on your device while driving. This includes ‘creating’ or ‘sending’ texts or emails through voice command functions like Siri. Breaking this law will cost you a $1000 penalty and 4 demerit points.
Gone are the days when you’d pour over the roadmap and figure out the best way to your destination. These days getting around is almost impossible without navigation aids like google, or apple maps.
So how does this fit in with the law?
Basically, you cannot touch your phone at any point during your trip.
This means you have to plug in your route before you start driving – and only end or alter the trip when you are parked with the engine off.
Failure to comply could result in a $500 penalty and 3 demerit points.
5. Listening to music
Before you start pumping your favourite tunes, make sure they really are your favourite picks for the ride. Because reaching out and changing the track could cost you.
It’s important to select exactly what music you want to listen to before you start driving and only change the track either through the handsfree function, voice control, or the buttons on the steering wheel. Touching your phone, even to change the song could result in a $500 penalty and 3 demerit points.
Get legal advice today
With recent changes to the law and mobile phone usage on the rise, all drivers should be aware of the risks, and their rights on the road.
As a driver, it’s your responsibility to stick to the rules, but knowing where to turn to ensure your rights and freedoms aren’t unnecessarily curtailed is also essential.
If you think you’ve been unfairly treated, make sure you get in contact with a local law firm specialising in traffic law. Book a consultation with criminal defence lawyers Perth and provide as much information as possible about your case.
Don’t put your licence on the line – get qualified legal help today.
