Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
audio call does not include an email, text
message, video call, video message or other similar communication;
body , in relation to a mobile phone, means the
part of the phone that contains the majority of the phone’s mechanisms;
held includes held by, or resting on, any part of
the driver’s body, but does not include held in a pocket of the
driver’s clothing or in a pouch worn by the driver;
mobile phone does not include a CB radio or any
other two‑way radio;
use , in relation to a mobile phone, includes any
of the following actions by the driver of a vehicle —
(a) hold
the phone;
(b)
enter or place anything into the phone, or send or look at anything that is in
the phone;
(c) turn
the phone on or off;
(d)
operate any other function of the phone.
(1A) For the purposes
of this regulation, a driver is in a restricted area if —
(a) the
driver is in a school zone during a school zone period indicated on the
“school zone” sign at the beginning of the zone; or
(b) the
driver is on a freeway; or
(c) the
speed limit applicable to the area or zone that the driver is in is 80km/h or
more (or, in the case of a speed zone that begins with a variable illuminated
speed limit sign, the speed limit applicable to the zone when the driver
enters the zone is 80km/h or more); or
(d) the
driver is approaching or passing a stationary incident response vehicle (as
defined in regulation 137A(1)), unless the driver —
(i)
is on a two‑way carriageway; and
(ii)
the incident response vehicle is on the side of the
carriageway used by vehicular traffic travelling in the opposite direction to
the driver.
(2) A driver of a
vehicle must not use a mobile phone while the vehicle is moving, or is
stationary but not parked, unless —
(a) the
phone is being used to make or receive an audio call and the body of the
phone —
(i)
is secured in a mounting affixed to the vehicle while
being so used; or
(ii)
is not secured in a mounting affixed to the vehicle and
is not being held by the driver, and the use of the phone does not require the
driver, at any time while using it, to press any thing on the body of the
phone or otherwise to manipulate any part of the body of the phone;
or
(b) the
visual display of the phone is being used as a driver’s aid in
accordance with regulation 264 and the use of the phone does not require
the driver, at any time while using it, to press any thing on the body of the
phone or otherwise to manipulate any part of the body of the phone; or
(c) all
of the following apply —
(i)
the vehicle is an on‑demand vehicle (as defined in
the Transport (Road Passenger Services) Act 2018 section 4(1));
(ii)
the phone is being used to accept, confirm the start of
or cancel a booking for the vehicle to be used in the provision of an
on‑demand passenger transport service (as defined in the
Transport (Road Passenger Services) Act 2018 section 5(1));
(iii)
the body of the phone is secured in a mounting affixed to
the vehicle while being so used;
(iv)
the driver is not in a restricted area;
(v)
in the circumstances it is safe for the driver to use the
phone as referred to in subparagraph (ii).
Points:
(a)
during a holiday period: 6;
(b)
other than during a holiday period: 3.
Modified penalty: 10 PU.
(2A) For an offence
against subregulation (2), the points and modified penalty set out at the
foot of this subregulation apply in the following cases instead of the points
and modified penalty set out at the foot of
subregulation (2) —
(a) the
phone is being used —
(i)
to create, send or read a text message or email; or
(ii)
to make or receive a video call; or
(iii)
to create, send or view a video message; or
(iv)
to take or view a photo; or
(v)
to make or view a video;
(b) any
other case in which the phone is being used otherwise than to make or receive
an audio call.
Points:
(a)
during a holiday period: 8;
(b)
other than during a holiday period: 4.
Modified penalty: 20 PU.
(3) For the purposes
of this regulation, a driver does not use a mobile phone if —
(a) a
text message, video message, email or similar communication is received
automatically by the phone; and
(b) on
and after the receipt, the communication itself, rather than any indication
that the communication has been received, does not become automatically
visible on the screen of the phone.
[Regulation 265 inserted: Gazette 19 Nov 2010
p. 5756‑7; amended: Gazette 4 Apr 2014 p. 886;
9 Sep 2014 p. 3247; SL 2020/87 r. 4; SL 2020/184
r. 23.]
[ 266. Deleted: Gazette 10 Jun 2008
p. 2467.]