Mobile Phone Use While Driving
I was caught driving while using a mobile phone but I was not even holding the mobile phone. It was on my lap! What do I do?
Under regulation 265 of the Road Traffic Code 2000 (WA), a driver of the vehicle must not use a mobile phone while the vehicle is moving, or stationary but not parked, unless
1. the phone is being used to receive a call, or other than a text message, video message, e-mail or similar communication, and the body of the phone is:
- secured in a mounting affixed to the vehicle while being so used; or,
- 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 anything on the body of the phone or otherwise to manipulate any part of the body of the phone;
2. the visual display of the phone is being used as a driver’s aid (under certain conditions) and the use of the phone does not require the driver, at any time, while using it, to press anything on the body of the phone or otherwise manipulate any part of the body of the phone.
It must be noted that the word ‘use’ includes holding the phone, enter or place anything into the phone (or send or look at anything that is in the phone), turning the phone on or off; or operate any other function of the phone.
It must also be noted that the word ‘held’ means that driver cannot rest the phone on any of the driver’s body parts. But this does not include the ‘held’ in the pocket of the driver’s clothing, or in a pouch worn by the driver.
We recommend that you contact WN Legal’s criminal defence lawyer for further advice on whether there are any defences possible, or for further guidance on what you can do.