I INTRODUCTION
Regulation 265 of the Road Traffic Code 2000 (WA) (‘regulation 265’) restricts the use of mobile phones while driving in Western Australia. Under this regulation a driver is not permitted to ‘use a mobile telephone while the vehicle is moving, or is stationary but not parked,’ unless the phone ‘is being used to as a driver’s aid’ or to ‘make or receive a phone call’ . For the above purposes, the mobile phone must be ‘secured in a mounting affixed to the vehicle’ or must not be ‘held’, touched or manipulated in any way by the driver.
II FORMULATION OF REGULATION 265
Regulation 265 was inserted into the Road Traffic Code in 2010 by the Road Traffic Code Amendment Regulations (No. 3). The formulation of this regulation was guided by regulation 300 of the Australian Road Rules which prohibits ‘using a hand-held mobile phone while the vehicle is moving or is stationary but not parked.’ This acted as template legislation for the road rules of each Australian State and Territory. …show more content…
However, many argue the effect of mobile phones is equivalent to other distractions , such as listening to music and talking to passengers. Others argue mobile phones are significantly less distracting than other activities, such as applying make-up and interacting with children. Alex steel suggests regulation 265 should be replaced with an offence of ‘failing to watch the road while driving’ prohibiting all forms of distracting behaviour. Although the laws limiting the use of mobile phone usage while driving are associated with lower road fatality rates, Massey University found no significant difference on driver distraction when using a hands-free phone. Therefore, the singling out of the use of hand-held mobile phones is not the most effective way of dealing with the issue of mobile phone use while driving, or driver
Regulation 265 of the Road Traffic Code 2000 (WA) (‘regulation 265’) restricts the use of mobile phones while driving in Western Australia. Under this regulation a driver is not permitted to ‘use a mobile telephone while the vehicle is moving, or is stationary but not parked,’ unless the phone ‘is being used to as a driver’s aid’ or to ‘make or receive a phone call’ . For the above purposes, the mobile phone must be ‘secured in a mounting affixed to the vehicle’ or must not be ‘held’, touched or manipulated in any way by the driver.
II FORMULATION OF REGULATION 265
Regulation 265 was inserted into the Road Traffic Code in 2010 by the Road Traffic Code Amendment Regulations (No. 3). The formulation of this regulation was guided by regulation 300 of the Australian Road Rules which prohibits ‘using a hand-held mobile phone while the vehicle is moving or is stationary but not parked.’ This acted as template legislation for the road rules of each Australian State and Territory. …show more content…
However, many argue the effect of mobile phones is equivalent to other distractions , such as listening to music and talking to passengers. Others argue mobile phones are significantly less distracting than other activities, such as applying make-up and interacting with children. Alex steel suggests regulation 265 should be replaced with an offence of ‘failing to watch the road while driving’ prohibiting all forms of distracting behaviour. Although the laws limiting the use of mobile phone usage while driving are associated with lower road fatality rates, Massey University found no significant difference on driver distraction when using a hands-free phone. Therefore, the singling out of the use of hand-held mobile phones is not the most effective way of dealing with the issue of mobile phone use while driving, or driver