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While smartphones have the ability to enhance lives in many ways they also have the potential to distract drivers and cause havoc on the roads. According to a study in 2016, 1 in 10 people use their smartphone while driving, despite the fact that using a phone while driving is illegal.
A spokesperson for the legal firm explained, "Don't use your phone while driving; it is against the law. In Queensland, it is illegal to use a mobile phone while driving. This means that you cannot hold the phone next to your ear when driving. It is against the law to use your mobile phone even if stopped in traffic. The restrictions on mobile phone use do not include the use of a two-way radio." The legislation allows for answering calls and talking on the phone provided the car has hands-free or Bluetooth capability. Most new cars come with this technology fitted as standard, however, even older model cars can be fitted with hands-free technology." "You cannot simply answer your mobile phone using your hand and put your phone on loudspeaker" says the lawyer. "This would be considered using your mobile phone and is against the law. If you do break the law you can be required to pay a fine and you will have demerit points recorded against your licence. Double demerits can apply for multiple offenders." The representative continues with specific elements of the law:
The rules for Learners and P Platers When drivers are just getting the hang of using roads in Queensland, their full attention must be on the roads. For that reason, learner drivers and P1 provisional drivers under age 25 are not allowed to use hands-free, Bluetooth function, wireless headsets or a mobile phone's loudspeaker function. Passengers in a car being driven by a learner driver or P1 provisional driver are not allowed to use the loudspeaker function on a mobile phone while in the car.
Mobile Phones and Motorbikes usage rules In Queensland, it is illegal to operate a mobile phone using the hands while riding a motorcycle. It is against the law to use the mobile phone even if stopped in traffic while on the motorcycle.
Cycling and Texting or Talking rules In Queensland, it is illegal to operate a mobile phone using while riding a bicycle. This also means that the cyclist cannot hold the phone next to the ear when cycling. It is against the law to use the mobile phone even if stopped in traffic while on the bicycle. If cyclists are caught using a mobile phone while riding a bicycle, they can be fined the same amount as a motorist (for the same offence).
Road rules in Queensland are pursuant to the Transport Operations (Road Use Management - Road Rules) Regulation 2009. If injured on the road as a result of a distracted driver, contact one of the car accident lawyers today.