Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless—
(a) the phone is being used to make or receive an audio phone call and the body of the phone—
(i) is secured in a mounting affixed to the vehicle while being so used; or
(ii) is 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 to otherwise manipulate any part of the body of the phone; or
(ab) the phone is being used as a driver's aid and—
(i) the body of the phone is secured in a mounting affixed to the vehicle while being so used; and
(ii) 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; or
(b) the vehicle is an emergency vehicle or a police vehicle; or
(c) the phone is being used to stream, play or listen to music or audio files and both of the following apply:
(i) the body of the phone is not being held by the driver;
(ii) 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 to otherwise manipulate any part of the body of the phone.
Maximum penalty: 20 penalty units.
Examples—driver's aids
• closed-circuit television security cameras
• dispatch systems
• navigational or intelligent highway and vehicle system equipment
• rear-view screens
• ticket-issuing machines
• vehicle monitoring devices
(2) For this subsection, a mobile phone is secured in a mounting affixed to the vehicle 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 this section, 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.
(3A) In this regulation:
"affixed to", in relation to a vehicle, includes forming part of the vehicle.
(4) In this section:
"audio phone call" does not include an email, text message, video call, video message or other similar communication.
"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"—
(a) includes any other wireless hand-held device designed or capable of being used for telecommunication; but
(b) does not include a CB radio or any other two-way radio.
Examples—other hand-held devices
iPad or other tablet computer
"use", in relation to a mobile phone, includes any of the following actions by a driver:
(a) holding the body of the phone in the driver's 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.