s.78Restriction on use of mobile telephones and other hand-held devices
78
Section 78Part 7 — Control of Road Users

Restriction on use of mobile telephones and other hand-held devices

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

83 78. (1) Except as provided in subsection (2) a driver shall not hold or use a mobile telephone or other hand-held device while that driver is operating a vehicle.
Subsection (1) does not apply to —
a constable on duty;
a driver using a mobile telephone or other hand-held device to make a 911 call in an emergency when it is unsafe or impractical to stop and park the vehicle in order to make the emergency call; Traffic Act (2026 Revision) Section 78 c Revised as at 31st December, 2025 Page 57
a driver who holds or uses a mobile telephone or other handheld device that —
is secured in a mounting affixed to the vehicle while the mobile telephone or other hand-held device is being used; and telephone or other hand-held device to make, receive or terminate a telephone call;
does not require the pressing of more than one button on the mobile
a driver who holds or uses a mobile telephone or other handheld device that —
is not secured in a mounting affixed to the vehicle; but telephone or other hand-held device in order to make, receive or terminate a telephone call; or
does not require the driver to hold, or to manipulate, the mobile
a driver who holds or uses a mobile telephone or other handheld device when the vehicle that the driver is operating has stopped, having been removed from the normal flow of traffic.
For the purposes of subsection (2)(e), a vehicle that has stopped in obedience to a traffic sign or traffic signal while awaiting circumstances to develop which would allow it to proceed or while awaiting the traffic signal to change shall not be considered to have been removed from the normal flow of traffic.
A hand-held device referred to in this section is a device, other than a two-way radio, which is capable of transmitting and receiving data, whether or not those capabilities are enabled.
In this section —
using a mobile telephone or other hand-held device includes the following —
illuminating the screen;
checking the time;
checking notifications;
unlocking the device;
making, receiving, or rejecting a telephone or internetbased call;
sending, receiving or uploading oral or written content;
sending, receiving or uploading a photo or video;
utilising camera, video, or sound recording functionality;
drafting any text;
accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages; Section 79 Traffic Act (2026 Revision) Page 58 Revised as at 31st December, 2025 c
accessing an application; and
accessing the internet; and
“an application” means a software programme that runs through a web browser or offline on a mobile telephone or other device.
A person who contravenes this section commits an offence.

Referenced By