Amendment Rule 2009 summary

Land Transport (Road User) Amendment Rule 2009 2009/253

“7.3A Ban on use of mobile phones while driving

 “(1) A driver must not, while driving a vehicle, create, send, or read a text message on a mobile phone or make, receive, or terminate

 a telephone call on a mobile phone or use a mobile phone in any other way. This sub clause is overridden by sub clauses (2) to (6).

 “(2) An enforcement officer may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the officer

 “(3) A driver may, while driving a vehicle, use a mobile phone if

“(a) the driver is using the phone to make a 111 or *555 call; and

“(b) it is unsafe or impracticable for the driver to stop and park the vehicle to make the call.

“(4) A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the phone does

not require the driver to hold or manipulate it to make, receive, or terminate the call.

“(5) A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if 

“(a) the phone is secured in a mounting fixed to the vehicle; and

“(b) the driver manipulates the phone infrequently and briefly.

“(6) A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the vehicle

has stopped for a reason other than the normal starting and stopping of vehicles in a flow of traffic.