Mobile phone laws in Queensland are in place to ensure that yourself and other road users are safe whilst driving. It is illegal to hold a mobile phone in your hand or to have it resting on any part of your body when driving. It applies even if you are stopped in traffic or at traffic lights. It is irrelevant as to whether the phone is turned on or if it is being used at the time to be classed as an offence.
Mobile Phone Restrictions
Provisional 1 Licence Holders (P1) and Learner Drivers
Certain licence holders, such as learner drivers, and P1 drivers under 25 years old, must not:
- Use hands-free
- Wireless headsets
- Mobile phone’s loudspeaker function
You must not use your phone in any way if your phone is positioned in your pocket of your clothing or a pouch you are wearing. This includes touching it, looking at it or operating it with your voice. Some of these restrictions extend to the passengers of learner and P1 provisional drivers, as passengers are not allowed to use their mobile phone’s loudspeaker function.
Provisional 2 Licence Holders (P2)
If you are on your P2 licence, you are able to touch your mobile phone for hands-free use if the phone is in a cradle attached to the vehicle. Hands-free use can include:
- Accepting a call
- Using navigation apps
- Skipping a song
- Accepting/ending a trip as a rideshare driver
However, your mobile phone must not obscure the driver’s view of the road.
Using Mobile Phones Safely whilst in a motor vehicle
You may only hold your mobile phone whilst you are safely stopped to do any of the following:
- Pay for goods and services, example at a drive through
- Gain access to or from a road-related area, such as a car park
- Present a digital driver licence or other document to police when asked
- Get a card or money out of a phone wallet for the previous listed purposes
You can use your phone when safely parked. ‘Parked’ meaning the vehicle must be stopped with the intention of staying at that place.
Licence holders that are on their opens or on their P2 licence are able to use a phone hands-free if it’s in a pocket of clothing or in a pouch you’re wearing. However, they are not able to touch or look at the phone. It can only be operated using your voice.
The driver must always maintain proper control of the vehicle and drive with due care and attention.
Penalties for Mobile Phone Offences
If you commit a mobile phone offence while driving, you can be fined up to $1,033 and have 4 demerit points recorded against your traffic history. If you have been charged with a mobile phone offence within one year of a previous mobile phone offence, than double demerit points can apply. To read more about double demerit points, you can click here.
An open or a P2 licence holder can be fined and receive demerit points for hands-free use of a mobile phone, if the driver isn’t in proper control of the vehicle and is not driving with due care and attention to the road.
This post contains general advice only and is not intended as legal advice.
