Victoria isn’t very tolerant of driving and mobile phone use, with anyone on their Ps seeing stiffer penalties. If you can’t use your phone without touching it, you can’t use it while you drive. The definition of ‘using’ a mobile phone while driving is broader than you might think.

Penalties for driving and using a mobile phone include:

• A fine of $433
• Four demerit points

You are ‘using’ a mobile phone when you:

• Hold it
• Hold it when the power is off, unless handing it to a passenger
• Send a text
• Read a text
• Read anything on the phone
• Enter anything into the phone unless entered in a hands-free manner
• Turn the phone on
• Turn the phone off
• Use any function on the phone, including altering your GPS course or answering a hands-free call by touching the answer button and changing music tracks

You are ‘holding’ a mobile phone when you:

• Have the phone in your hand
• Rest any part of the phone against any part of your body, except if it’s in a pocket
• Put the phone on the seat next to you and when you go around a corner, it touches you
• If you move the phone away from you, you’ve held it

You are ‘driving’ when:

• The car is in motion
• The car is not moving, unless you are legally parked
• You are stopped at a traffic light

You are legally using your phone while driving when:

• Using voice mode of the call function
• Looking at a GPS function
• Listening to music
• And any of these, only if your phone is in a special holder designed for that purpose, and mounted on some part of your car

You are illegally using your phone while driving when:

• You are using any of the above while driving under a learner or probationary licence – no phone use at all allowed
• Looking at any video besides GPS

If you cannot afford to lose these points, contact Vanessa Ash Lawyers for a free chat to see if we can help you.

Don’t leave your future to chance. Call Vanessa Ash and Associates today.