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Many Australians have developed the risky habit of driving with their phone resting on their lap.
Some individuals attempt to dodge mobile phone fines by arguing that the device was on their lap, rather than in their hand.
However, they often overlook that this behavior is still unlawful, despite not physically holding the phone.
Across all Australian states and territories, using or touching a phone with any part of the body is prohibited, with fines exceeding $1,200 in certain regions.
This includes placing the phone on your lap, leg, or wedged between your shoulder and ear.
Moreover, these rules apply even when you’re halted at traffic lights or caught in a traffic jam.
Fines and penalties for mobile phone offences in each state and territory are as follows:
- NSW: fines start at $423 and five demerit points
- Queensland: $1,251 fine and four demerit points
- Victoria: $611 fine and four demerit points
- ACT: $548 fine to $674 and three to four demerit points
- SA: $658 fine and three demerit points
- WA: $500 fine to $1000 and four demerit points
- NT: $500 fine and three demerit points
- Tasmania: $410 fine and three demerit points
There are a few very limited circumstances in which drivers can touch or operate a mobile while driving, but while it’s resting in a driver’s lap isn’t one of them.
Fully licenced drivers may use a phone for a few specific things if it is secured in a cradle, or can be operated hands-free (e.g. voice control).
If operating a phone in a cradle, the cradle must be fixed to the vehicle and must not obscure the driver’s view of the road.
A phone in a cradle or being operated hands-free can only legally be used to take or receive audio calls and use music or audio functions like navigation systems.
The only other situation in which it is legal for a driver to touch a phone is if they’re passing it to a passenger.
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