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MacDonnells Law and Lisa Jensz are pleased to announce their release of legislation information about the use of smart phones by motorists. Detailed descriptions of the laws related to mobile phone use are provided as a service to their clients and to other motorists.Smartphone ownership across Australia has grown considerably over the past five years, with 84% of Australians now owning a smartphone. While smartphones have the ability to enhance lives in many ways they also have the potential to distract drivers and cause havoc on the roads. According to a study in 2016, 1 in 10 people use their smartphone while driving, despite the fact that using a phone while driving is illegal. Taking one's eyes off the road to read a text, google an address or answer a call can put the lives of the driver, passengers and other road users at risk.
A spokesperson for the legal firm explained, “Don't use your phone while driving; it is against the law. In Queensland, it is illegal to use a mobile phone while driving. This means that you cannot hold the phone next to your ear when driving. It is against the law to use your mobile phone even if stopped in traffic. Use of your phone even includes turning your phone on or off. It even includes reading or sending a text message. The restrictions on mobile phone use do not include the use of a two-way radio.”
The legislation allows for answering calls and talking on the phone provided the car has hands-free or Bluetooth capability. Most new cars come with this technology fitted as standard, however, even older model cars can be fitted with hands-free technology.”
“You cannot simply answer your mobile phone using your hand and put your phone on loudspeaker” says the lawyer. “This would be considered using your mobile phone and is against the law. If you do break the law you can be required to pay a fine and you will have demerit points recorded against your licence. Double demerits can apply for multiple offenders.”
The representative continues with specific elements of the law:
The rules for Learners and P Platers
When drivers are just getting the hang of using roads in Queensland, their full attention must be on the roads. For that reason, learner drivers and P1 provisional drivers under age 25 are not allowed to use hands-free, Bluetooth function, wireless headsets or a mobile phone's loudspeaker function. Passengers in a car being driven by a learner driver or P1 provisional driver are not allowed to use the loudspeaker function on a mobile phone while in the car.
The rules for Smartwatches
Technology is advancing at such a pace that it is difficult for Queensland road rules to keep up. The Queensland road rules make use of a mobile phone while driving illegal, however the road rules do not specifically define the term 'mobile phone'. Smartwatches essentially have the same functions as a mobile device and have the same potential for driver distraction. It is likely that if a Queensland driver was caught using a smartwatch, he or she would be subject to the same penalties as would be assessed if caught using a mobile phone. Other states in Australia have already made changes to their laws to regulate use of smart devices such as smartwatches.
Segway Rules
A Segway is considered a personal mobility device and it is illegal to use a mobile phone while operating a Segway. That means no selfies while using a Segway.
Mobile Phones and Motorbikes usage rules
In Queensland, it is illegal to operate a mobile phone using the hands while riding a motorcycle. It is against the law to use the mobile phone even if stopped in traffic while on the motorcycle.
Cycling and Texting or Talking rules
In Queensland, it is illegal to operate a mobile phone using while riding a bicycle. This also means that the cyclist cannot hold the phone next to the ear when cycling. It is against the law to use the mobile phone even if stopped in traffic while on the bicycle. If cyclists are caught using a mobile phone while riding a bicycle, they can be fined the same amount as a motorist (for the same offence) but since a licence is not required to ride a bicycle, the infraction will not cause the accumulation of demerit points.
Tips – Mobile Phone Safety on Roads is Important
Texting, using apps and talking on the phone while driving is illegal in Queensland. Some road users find it hard to follow these rules. Drivers need to set some boundaries so that following the rules becomes a good habit:
If the driver is doing the wrong thing by using a mobile phone the passengers should ask the driver to refrain. Passenger safety is more important than anything that is being said or done on a mobile phone while driving.
Consider using an app specifically designed to prevent drivers from being distracted by their phones when driving. There are many of these apps available to download (when not driving of course!).
Perhaps put the mobile phone in a bag on the back seat of the car. That way if the phone rings or beeps, there is no temptation to grab it.
Talk to friends and family members about their habits on the road. Having an open discussion about how accidents can happen when someone is distracted can be a good way to think clearly about how one moment of inattention can change someone else's life forever.
If injured on the road as a result of a distracted driver, contact one of the car accident lawyers today. The legal professional can provide expert advice about victims' rights on the road.
Road rules in Queensland are pursuant to the Transport Operations (Road Use Management – Road Rules) Regulation 2009.
Further information regarding the use of mobile phones in Queensland on the road is available at these Queensland Government websites: https://www.qld.gov.au/transport/safety/road-safety/mobile-phones and https://www.qld.gov.au/transport/safety/rules/wheeled-devices/bicycle#mobilephones.
Contact Info:
Name: Lisa Jensz
Email: Send Email
Organization: MacDonnells Law
Address: Grafton Streets & Shields St, Cairns City QLD 4870
Phone: (07) 4030 0600
Website: http://www.macdonnells.com.au/
Release ID: 231049
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