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Mobile phones while driving: Current laws and penalties

Key Takeaway

New Zealand law prohibits drivers from using a mobile phone while driving. This includes holding the phone, operating functions, or viewing content, unless it's securely mounted for hands-free calls/navigation or for emergency services. Breaching these rules incurs fines and demerit points to enhance road safety.

Mobile Phone Use While Driving in New Zealand

Drivers in New Zealand are subject to specific legal restrictions regarding the use of mobile phones while operating a vehicle. These rules are primarily designed to prevent driver distraction and enhance road safety.

Definition of Mobile Phone and "Use"

A mobile phone is defined as a portable telephone designed to be used independently of a vehicle's electrical system [Source: Land Transport (Road User) Rule 2004, rule 1.6].

The act of "using" a mobile phone while driving is broadly defined and includes several actions:

  • Holding the phone to a driver's ear or mouth [Source: Land Transport (Road User) Rule 2004, rule 7.1A(3)(a)].
  • Operating any function of the phone [Source: Land Transport (Road User) Rule 2004, rule 7.1A(3)(b)].
  • Creating, sending, or reading a text message, email, or other text communication [Source: Land Transport (Road User) Rule 2004, rule 7.1A(3)(c)].
  • Accessing or viewing a website [Source: Land Transport (Road User) Rule 2004, rule 7.1A(3)(d)].
  • Viewing an image or video [Source: Land Transport (Road User) Rule 2004, rule 7.1A(3)(e)].
  • Any other action that diverts the driver's attention from the safe driving of the vehicle [Source: Land Transport (Road User) Rule 2004, rule 7.1A(3)(f)].

The General Prohibition

A driver must not use a mobile phone while driving a vehicle [Source: Land Transport (Road User) Rule 2004, rule 7.1A(1)]. This prohibition aims to ensure that drivers maintain full attention on the road and their surroundings.

Exceptions to the Rule

There are specific circumstances under which a driver may legally interact with a mobile phone:

  • Hands-free operation: A driver may make or receive a call, or use the phone for navigation purposes, if the phone is securely mounted to the vehicle [Source: Land Transport (Road User) Rule 2004, rule 7.1A(2)(a)].
  • Voice-activated operation: Alternatively, a driver may use the phone for calls or navigation if it is operated without using the driver's hands, for instance, through voice commands, and the phone is not mounted [Source: Land Transport (Road User) Rule 2004, rule 7.1A(2)(b)].
  • Non-manipulation: In either of the above scenarios, the driver must not hold or manipulate the phone with their hands while driving [Source: Land Transport (Road User) Rule 2004, rule 7.1A(2)(c)].
  • Emergency calls: The prohibition does not apply if a driver is making a call to 111 (emergency services) or *555 (roadside assistance/reporting unsafe driving) in an emergency situation [Source: Land Transport (Road User) Rule 2004, rule 7.1A(4)(a), (b)].
  • Emergency service vehicles: The rule also does not apply to a driver who is driving an emergency service vehicle or who is working in an emergency [Source: Land Transport (Road User) Rule 2004, rule 7.1A(5)].

Penalties for Offences

Breaching the rules concerning mobile phone use while driving can result in penalties. As of the current legislation, the infringement fee for using a mobile phone while driving is $150 [Source: Land Transport (Offences and Penalties) Regulations 1999, Schedule 1, Part 1, item 11A]. In addition to the fine, 40 demerit points are imposed for this offence [Source: Land Transport (Driver Licensing and Driver Penalties) Regulations 1999, Schedule 1, Part 1, item 44]. Accumulating 100 or more demerit points within a two-year period can lead to a driver's licence suspension.

Obligations of Drivers

Drivers have a fundamental obligation to operate their vehicles safely and in compliance with all road rules. This includes:

  • Ensuring that any mobile phone use adheres strictly to the prescribed exceptions [Source: Land Transport (Road User) Rule 2004, rule 7.1A].
  • Avoiding any use of a mobile phone that falls outside the defined exceptions, to prevent distraction and maintain full concentration on driving tasks [Source: Land Transport (Road User) Rule 2004, rule 7.1A].

When to Seek Independent Legal Advice

For specific details on road safety laws, infringement notices, or if facing charges related to mobile phone use while driving, individuals can seek independent legal advice. Information can be obtained from official government bodies such as Waka Kotahi NZ Transport Agency or by consulting a lawyer. Free legal assistance may be available through Community Law Centres.

Key Resources