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Policy on the Use of Hand-held Mobile Phones and Other Unacceptable Behaviour by Drivers

Behaviour that may amount to unacceptable conduct by authorised drivers

Behaviour placing passengers at risk

The Australian Road Rules make driving while using a hand-held mobile phone illegal. The penalty is $225 fine and loss of 3 demerit points.

A recent study reveals that using mobile phones when driving has great effect on road safety. The key findings are:

• Driver's reaction times were significantly slower
• Drivers were less able to maintain a constant speed and safe distance and to keep in lane
• Driver displayed an inability to recognise hazards on the road
• Drivers displayed a significant visual distraction and missed more road warning signs

Public passenger vehicle drivers must not use hand-held mobile phones while the vehicle is moving, or stationary but not parked. Only drivers of emergency or police vehicles are exempt.

Ministry of Transport policy

Under the Passenger Transport Act 1990 the Director-General, Ministry of Transport, may suspend the authorities of public passenger drivers. The Ministry has a policy of suspension of driver authorities pending investigation of unacceptable conduct. The Ministry considers use of a hand-held mobile phone by a driver of a public passenger vehicle as unacceptable conduct.

Disciplinary action for unacceptable conduct

The Ministry regards the use of a mobile phone while driving a public passenger vehicle as a serious breach of safety which may merit suspension or possible cancellation of a driver's Driver Authority.

Driver and operator reporting

If a public passenger vehicle driver is penalised or charged by police for using a hand-held mobile phone while driving a public passenger vehicle:

• The driver must advise the relevant accredited operator of the public passenger vehicle, who must advise the Ministry
• If the driver is also the operator of the vehicle, he/she must advise the Ministry with details of the charge or penalty notice issued
• The Ministry will ascertain the circumstances of the offence from police
• Following advice from police, the Ministry will issue a letter noting the offence and a warning that a second offence will result in immediate suspension of the driver's Driver Authority and possible cancellation

For a second such offence (within a 5-year period), the driver must advise the relevant accredited operator of the public passenger vehicle, who must advise the Ministry. At this point:

• The Ministry will issue the driver a 'Notice to Show Cause' as to why the driver's Driver Authority should not be cancelled, and a letter to the relevant accredited operator
• In the meantime, the Ministry will ascertain the circumstances of the offence from police
• Following advice from police and the response to the Notice, the Ministry will determine whether to lift the suspension or cancel the authority

If operators penalise their drivers for using mobile phones while driving, the operator should also report the incident to the Ministry of Transport. The Ministry will issue a letter to the driver noting the offence or a 'Notice to Show Cause', after the first or second offence, respectively.

Driver is the subject of a Ministry of Transport investigation

Under the Passenger Transport Act 1990, the Director-General, Ministry of Transport, is not required to refer to other legal proceedings in order to determine action regarding suspension of a Driver Authority. Should the Ministry receive reports of unacceptable behaviour by a public passenger vehicle driver these will be investigated.

If a Ministry investigating officer is satisfied that the event complained of did occur, this is sufficient to take further action.

Jim Glasson
Director-General
7 September 2006