244GA

Use of mobile device in or on personal mobility device

In force

(1)

A person commits an offence if the person uses a mobile device while travelling in or on a personal mobility device.

Maximum penalty: 20 penalty units.

(2)

Subsection (1) does not apply if—

(a)

the mobile device is being used as a driver’s aid and, while being used for that purpose, both of the following apply:

(i)

the body of the mobile device is secured in a mounting affixed to the personal mobility device;

(ii)

the use of the device does not require the person to press anything on the body of the mobile device or otherwise manipulate any part of the body of the mobile device;

Examples—driver’s aids

 dispatch systems

 navigational or intelligent highway and vehicle system equipment

 rear-view screens

(b)

the mobile device is being used to stream or play music or audio files and, while being used for that purpose, both of the following apply:

(i)

the body of the mobile device is not being held by the person;

(ii)

the use of the mobile device does not require the person to press anything on the body of the mobile device or otherwise manipulate any part of the body of the mobile device.

Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

(3)

For this section, a person does not use a mobile device to receive a text message, video message, email or similar communication if—

(a)

the communication is received automatically by the mobile device; and

(b)

on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the mobile device.

(4)

In this section:

body, in relation to a mobile device—see section 300 (8).

held, by a person—

(a)

includes rested on, or kept in place by—

(i)

a part of the person’s body; or

(ii)

clothing worn by the person; or

(iii)

something else on the person’s lap; but

(b)

does not include—

(i)

kept in a pocket of the person’s clothing or in a pouch worn by the person; or

(ii)

for a mobile device that is a wearable device—worn by the person in the manner intended by the manufacturer.

use, in relation to a mobile device, includes any of the following actions by a person:

(a)

holding the body of the device (whether or not engaged in a phone call);

(b)

entering or placing, other than by the use of voice, anything into the device, or sending or looking at anything that is in the device;

(c)

turning the device on or off;

(d)

operating any other function of the device.

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