Mobile phone use still does not apply to a CB radio or other two way radio
See below from the act.
ROAD SAFETY ROAD RULES 2009
S.R. No. 94/2009
Version incorporating amendments as at 11 December 2012
9A. Application of the Acts Interpretation Act 1901 – SECT 300
Use of mobile phones
300. Use of mobile phones
(1) The driver of a vehicle who is not a learner driver or the holder of a P1 probationary driver licence must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless-
(a) the phone is being used-
(i) to make or receive a phone call (other than a text message, video message, email or similar communication); or
(ii) to perform an audio playing function- and the body of the phone-
(iii) is secured in a mounting affixed to the vehicle while being so used; or
(iv) 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 to otherwise manipulate any part of the body of the phone; or
(b) the phone is being used to perform a navigational or intelligent highway and vehicle system function in a vehicle that is not a motor bike and the body of the phone is secured in a mounting affixed to the vehicle while being used; or
(c) the phone is being used to perform a navigational or intelligent highway vehicle system function on a motor bike; or
(d) the vehicle is an emergency vehicle, enforcement vehicle or a police vehicle.
Penalty: 10 penalty units.
Note Emergency vehicle, enforcement vehicle, motor bike, park and police vehicle are defined in the dictionary. Learner driver and P1 probationary driver licence are defined in the Road Safety (Drivers) Regulations 2009.
(1A) Despite anything to the contrary in rule 299(2), the driver of a vehicle who is a learner driver or the holder of a P1 probationary driver licence must not use a mobile phone, including using the phone to perform a navigational or intelligent highway and vehicle system function or an audio playing function, while the vehicle is moving, or is stationary but not parked. Penalty: 10 penalty units.
(2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle if, and only if-
(a) the mounting is commercially designed and manufactured for that purpose; and
(b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.
(3) For the purposes of this rule, a driver does not use a phone to receive a text message, video message, email or similar communication if-
(a) the communication is received automatically by the phone; 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 phone.
(4) In this rule- affixed to, in relation to a vehicle, includes forming part of the vehicle; 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 a driver-
(a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle;
(b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone;
(c) turning the phone on or off;
(d) operating any other function of the phone.
Reference:
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