From 19 June 2024, amendments to the Road Traffic Act 1961 (SA), the Motor Vehicles Act 1959 (SA) and related regulations permit the use of mobile phone detection cameras across South Australia. There will be a 3 month grace period during which a driver captured on camera using a phone will not be fined but a warning letter will be sent to the vehicle owner. Enforcement will commence from 19 September 2024. For more information, visit thinkroadsafety.sa.gov.au.
Under rule 300 of the Australian Road Rules, it is an offence to use a mobile phone when driving, other than when parked. This means that a driver is not permitted to use a mobile phone even when stationary at traffic lights.
Use is defined very broadly in rule 300. It includes:
Only those drivers with phones that can be used remotely (such as via Bluetooth) or which are mounted in a proper device that enables calls to be made or received without touching or holding the phone can make or receive an audio phone call whilst driving.
An audio phone call does not include an email, text message, video call or video message. This means that creating, viewing or sending text or video messages is prohibited, even by remotely accessed phones. However, automatic receipt of communications by the phone itself are excluded.
A mobile phone may be used as a driver’s aid but only if the phone is secured in a mounting affixed to the vehicle while in use and the use of the phone does not require the driver to press or manipulate any part of the phone.
From 19 June 2024, a driver will not commit an offence against rule 300 of the Australian Road Rules if their vehicle is stationary in a road-related area and their mobile phone is being used to
See Road Traffic (Road Rules - Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) reg 43C.
Learner permit and provisional (P1) drivers are prohibited from using any type of mobile phone technology whilst driving [Road Traffic (Road Rules - Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) reg 44]. The ban includes hands free mode (for example, Bluetooth) and loud speaker.
It is legal for a learner or P1 driver to make or receive calls if the car is safely parked. This does not include being stationary in traffic or at traffic lights. It is also lawful for a learner or P1 driver to use a phone in the circumstances set out in regulation 43C (outlined above).
From 30 March 2024, the Australian Road Rules clarify that a car may be parked for the purposes of rule 300 even if the key is in the ignition, or the engine is running.
See Expiable Offences and Fees (PD320A) on the SAPOL website for the current penalties that apply.
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