Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) REGULATION 2009 - REG 300

300 Use of mobile phones

(1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked.

Penalty—

Maximum penalty—20 penalty units.

(2) Subsection (1) does not apply to a driver using a mobile phone—

(a) to the extent the mobile phone—

(i) is in a pocket of the driver’s clothing, or in a pouch worn by the driver; and

(ii) kept in a way that—

(A) does not allow the driver to operate the phone, or a function of the phone, other than by using only the driver’s voice; and

(B) does not allow the driver to see the face of the phone while the phone, or a function of the phone, is operating; or

(b) while the vehicle is stationary and to the extent the mobile phone is in a wallet, or has attached to it a wallet, that the driver is using for any of the following purposes—

(i) to obtain and produce for inspection a licence, permit, authority or other document, as required under an Act or by a police officer or another person acting under an Act;

(ii) to obtain and use money, or another form of payment, to pay for goods or services, if the place where the vehicle is stationary is a place where the goods or services are lawfully paid for;

Example of a place for subparagraph (ii)—

a drive-through retail outlet

(iii) to obtain and use a card or other thing to enter a road-related area or land adjacent to a road-related area.

(3) Also, subsection (1) does not apply to a driver using a mobile phone while the vehicle is stationary for any of the following purposes—

(a) to produce for inspection a digital authority or other document stored on the phone, as required under an Act or by a police officer or another person acting under an Act;

(b) to pay for goods or services, if the place where the vehicle is stationary is a place where the goods or services are lawfully paid for;

Example of a place for paragraph (b)—

a drive-through retail outlet

(c) to use the phone as an electronic device that enables the driver to enter a road-related area or land adjacent to a road-related area.

(3A) Further, subsection (1) does not apply to a rider of a bicycle or a personal mobility device if the rider is using a mobile phone while the bicycle or device is stationary on a bicycle path, footpath, separated footpath, shared path or nature strip.

(4) This section does not apply to the driver of an emergency vehicle or police vehicle.

(5) In this section—

"mobile phone" —

(a) includes a mobile phone—

(i) whose telephone function is not capable of being used; or

Example for subparagraph (i)—

a mobile phone whose telephone function is not capable of being used because the phone does not have a SIM card or other means of connecting to a cellular radio system

(ii) that is being used for a function other than its telephone function; but

Example for subparagraph (ii)—

a smartphone being used as a music player or camera

(b) does not include a CB radio or any other two-way radio.

"use" , in relation to a mobile phone, means hold the phone in the driver’s hand, or rest the phone on any part of the driver’s body—

(a) whether or not the phone is on or operating; and

(b) whether or not for the purpose of operating the phone or a function of the phone; and

(c) whether or not the phone is partially or wholly supported by another part of the driver’s body or another thing.