The State of Queensland recently introduced a $1,000 fine and 4 demerit points for anyone caught using their phone while driving.
From 1 September 2020, Western Australia introduced a similar increased penalty of $1,000 and 4 demerit points for any driver caught using their phone in any way other than to make an audio call. This includes texting, emailing, using social media, taking photos and watching videos.
Previously, Regulation 265(2) of the Road Traffic Code 2000 said that ‘a driver of a vehicle must not use a mobile phone while a vehicle is moving, or is stationary but not parked’. The penalty for the offence was a $400 fine and 3 demerit points.
Regulation 265(2) still provides that a person must not use a mobile phone while driving a vehicle that is moving or is stationary but not parked. Both of these things are considered ‘driving’ and you will face the same penalty for doing either of these things.
However, the new law makes two key changes:
1) An increased penalty for anyone caught holding or touching their mobile phone to make an audio phone call, if the phone is not secured in a phone cradle.
New penalty: $500 fine and 3 demerit points.
2) Introduction of a specific list of ‘uses’ which attract a higher, ‘modified penalty’. These uses texting, emailing, using social media, taking photos and watching videos.
Modified penalty: $1,000 fine and 4 demerit points.
Using your phone means a number of things – including:
The above may include but are not limited to making phone calls, using facetime, choosing or changing music or volume, texting, sending emails, using social media, looking at videos or photos, using the internet, checking the time, turning your screen on/off, or setting up maps/navigation.
For the purposes of the offence ‘use’ of a phone involves situations where you are using a phone while the vehicle is being driven and is actually moving. ‘Use’ of a phone also includes using a phone while your vehicle is stationary but not parked – for example if you are pulled over at the side of the road, or sitting at traffic lights.
Both situations will attract the same penalty.
You will not be using your phone in a way that breaches the law if:
You can use your hands free to make calls, provided the phone is in a holder or you do not hold or touch your phone in any way while making the call. However, you cannot use hands free/Siri etc to dictate text messages or emails – this would be considered ‘creating’ and ‘sending’ a text message.
Yes, you can still listen to music – but you cannot touch your phone in any way. You should have your music selected before you start driving, or utilise the control buttons on your steering wheel to change songs.
You can use maps or other navigation on your phone because this is considered a ‘drivers aid’. However – the phone must be secured in a mounting affixed to your vehicle and you cannot press anything on your phone or touch your phone in any way. You should have your navigation set up before you start driving your vehicle.
If you are caught using a phone while driving and it means that you accumulate all your demerit points you will be served with an Excessive Demerit Points Notice (EDPN). This means you will have two options:
1) Serve a 3, 4 or 5-month licence suspension (depending on the number of points accumulated), or
2) ‘Double or Nothing’ - undertake a 12-month good behaviour period. You can continue to drive during this period, however you cannot accumulate more than one demerit point or commit any offence which results in a licence disqualification. If you do – your original suspension period will be doubled and you must serve that suspension period. If you choose to elect to undertake ‘double or nothing’ you must do so within 21 days of your EDPN.
You will not be eligible for an Extraordinary Drivers Licence if you lose your licence due to demerit points.
Generally, you will receive a $1000/4 demerit penalty if:
The penalties aim to reduce road trauma by addressing the issue of inattention.
According to the Road Safety Commission. Inattention as a factor in fatalities in WA has increased in recent years, with 31 fatalities (19%) recorded in inattention related crashes in 2019.
This was a 48% increase compared to the preceding five-year average of 21.
A $500/3 demerit penalty will generally only apply if you touch your phone to make an audio call in any way, but your phone is not in a cradle. You will receive this penalty if you are moving or stationary.
Yes – double demerits apply to the new penalties. This means that during a double-demerit period you could lose up to 8 demerit points at one time, for using your phone while driving.
Essentially, “parked” means your vehicles is stationary, your gear should be in park and your hand brake should be on. However, the regulations do not specify that your engine must be off and your keys must be out of the ignition.
According to the Road Safety Commission: ‘Police consider a vehicle parked if it is off the road, not in the line of traffic and it is stopped where it is both safe and legally permissible to park’.
This means that having your handbrake on while stationary in a traffic jam is not be considered ‘parked’ and you will face a penalty if caught using your phone.
Yes - a car driver or motorcycle rider will receive the same penalties.
A bicycle rider is also subject to the same infringement and fines, however a bicycle rider will not receive a demerit point penalty.
No – if you touch your phone, the same penalty will apply whether you are driving a moving vehicle, or your vehicle is stationary (but not parked), such as at traffic lights.
The severity of the penalty that is imposed will depend on what you are doing with your phone, rather than what you are doing with the vehicle. The penalty will depend on what you are doing while touching your phone.
This is illegal. If you touch your device while driving to do anything to start, end or change your navigation, even when secured in a mounting, you will receive a $1000 fine and 4 demerit points.
Andrew Williams represents clients in all courts for criminal and traffic related charges. As an experienced lawyer, Andrew is passionate about attaining the best possible outcome for his clients. He is a phone call away and will provide sensible, easy to understand legal advice as well as committed and determined representation on all traffic and driving related matters.
Contact the law offices of Andrew Williams on (08) 9278 2575 or enquire online today to discuss your traffic matter.
PLEASE NOTE: The material in this blog post is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact a professional legal representative.
At Andrew Williams Criminal Law we're here to help you with the best legal advice.
Words cannot express my gratitude for Andrew agreeing to take my case on, commit to returning from annual leave early, and the personal support and legal expertise provided in defending the driving charges made against me.
The delays I experienced by the two adjournments, while prolonging my anxiety and reducing my faith that I would receive a favourable outcome, worked very much in my favour but moreover it was the multiple submissions and arguments that Andrew made at law on my behalf that cemented the somewhat miraculous outcome including two spent convictions.
Though I genuinely never for a second doubted Andrew's skills, experience and abilities, my fate felt somewhat pre-determined given the significant impact sustained by the complainant.
Andrew was kind, non judgmental, clearly experienced and committed and he accommodated my anxieties and emotion surrounding the charges laid against me.
Andrew went out of his way to give me the best chance possible for a favourable outcome that, in the end, the Magistrate considered and responded accordingly.
All in all, I could not have dreamt of a better outcome considering the circumstances and I...
I had Andrew deal with my case recently and couldn't of been happier with the result he got for me. From the start Andrew was quick to reply to any questions and queries I had regarding my matter. He was very professional in my opinion, very easy to talk to and explained things quite well. I felt very comfortable in the courtroom knowing that Andrew wanted to get the best result he could for me, and I would highly recommend Andrew Williams to anyone who needs a criminal lawyer.
...I was on a very tight rope where, if it balanced the wrong way, it would have totally devastated my life. Andrew was honest through the entire process preparing me for the worst but never let me give up and thankfully with his help got a great outcome that let me move forward with my family. I cant praise Andrew enough and recommend him 100%.
...I cannot thank Andrew enough for his support and would not hesitate recommending your service to anyone who would need your help. I am eternally grateful to Andrew Williams who kept me informed as and when he had to and had no doubt in his professionalism. Thank you.
...Had Andrew defend a reckless driving charge. He gave good solid advice throughout the process and defended me well at the trial. His costs were affordable and he was a great guy in general. The most important thing is we were able to have the charges dismissed via a not guilty verdict. I would recommend him to anyone.
...Andrew represented me recently in a few difficult situations. I found him to be very professional, easily contactable and generally wanting a good outcome for me. I've passed his contact info to friends and if I ever need legal representation again I'll definitely be using his services.
...After making several calls to various law firms, I came across Andrew Williams who was quick to respond providing knowledgeable, honest and friendly legal advice. At all times I felt confident in Andrew's ability to defend the charges. The case went to trial with an outcome of not guilty. I was awarded full legal costs. Could not be happier.
...Andrew was fantastic to deal with. His courtroom demeanor and skills were apparent. He was always able to assist with a complex matter across nearly 3 years in rural WA. Would highly recommend his services.
...Of my limited experiences in the judicial system, I can’t rate Andrew Williams highly enough. He was fantastic on my day in court and was very straight up during my consultations. He is such an awesome person, and the best professional criminal lawyer I have ever encounter. Need help call Andrew.
...Andrew was brilliant with my case and achieved the best outcome. He was very professional and was very impressive in the submissions he presented to the magistrate. Again, I can't thank you enough Andrew.
...Andrew was very preffesional and welcoming when dealing with my case.
In the court room I felt at ease knowing andrew was representing me.
I would highly reccomend andrew for everyone no matter how big or small the case is!
Thanks a lot for handling my case and getting the pleasant outcome. Since the first time I talked to you I have known that my case was in a capable hands. I am impressed by your knowledge and confidence which gave me confidence. Cheers.
...Thank you so much Andrew for grooming me and going over the process over and again. It was a traumatic time for me and you kept me focused. I really appreciate your guidance and we came out with the best result.
I wouldn't of been able to hold up as I did if not for your valued support.
Sincerely, Kyley.
...Andrew was very approachable, knowledgeable, professional and focused on the best outcome. I would always recommend him.
...My personal experience with Andrew Williams was a pleasant one from day one. In the midst of a police raid and the inability to find legal representation I considered myself done for when Andrew took the time to call me back after I contacted his office (during which time he was in trial). Upon soliciting some legal advice, Andrew was straight with me and I made an appointment with him in which he clearly explained the seriousness of my case. After some time, when the matter was moved to the District Courts I was well aware that I would likely be looking at some jail time; the nature of the legal systems and the way in which bureaucracy works is an extremely draining and mentally exhausting process. However, Andrew kept me well informed at every step of the way and promptly wrote to prosecution at critical points outlining my circumstances.
Moving forward, on the sentence hearing day, a pivotal point of my life occured when I was given no immediate imprisonement and was offered an opportunity before the Judge, being legally represented by Andrew. At no one point did I feel like I was being fooled or not taken care of, Andrew Williams was honest and professional, however harsh and difficult it was to accept my circumstances at times. In ...
I was charged with the offence of aggravated common assault. I engaged Andrew Williams to act for me.
From the first time I met Andrew I knew that I was in the right hands. His level of professionalism both in and out of the court room was very impressive. Following a two day trial in the Perth Magistrates Court, I was found not guilty.
Andrew Williams assisted me through a very stressful period and I was extremely happy with the outcome. I would certainly recommend Andrew Williams to anybody that found themselves on the wrong side of the law.
...My wife and I were so glad that we chose Andrew Williams to handle our sons Reckless Driving charge. What a relief to know we have people like him around to help.
Besides a failure to indicate and cutting the corner of a very sharp S bend in the road all other allegations by Police were not substantiated. After using a previous Law firm that basically told us that it was the 2 Police Officers word against our son and that we were probably better to take the charge of Dangerous Driving that had been offered by Police for a plea of guilty. $2500 later we decided to find someone else that at least believed our sons version of events.
Well, Andrew was that person; he understood exactly what was going on. He advised us of all avenues available to us and recommended the assistance of a very professional crash expert who provided quality photographs and measurements of the area involved.
Well if not for the professional and well thought out approach that Andrew used in this instance our son would have been unfairly charged with reckless driving for a very minor traffic offence. All costs were awarded to us by the Court and all I can say is...
I have nothing but good things to say about Andrew and his law services. He helped me more than I could possibly ask for during a difficult time facing the court. He was very efficient and precise and always happy to help and answer questions even last minute and after hours.
I believe he charges a very fair price considering the amount of work he put in for me to achieve the best possible result in court and keeping me updated regularly through the whole process.
Without a doubt I will be recommending Andrew to all of my friends for future reference.
...I trusted that Andrew was the person to defend my case in our initial contact on the phone. He was very confident in his approach, from the first point of contact to the court room. I believe this must be from years of experience. Another added bonus for Andrew is that he is very honest and fair. He tells you like it is in the book of law and does not appear manipulative. His communication skills helped me help him to form a best defensive argument for my case. In other words, he made me comfortable to open up to him. In the end, he was able to convince the judge to let me off with only warning for providing misleading information to the police officer, which can be recorded as a criminal record against your name for 10 years.
...Unhappy with my then representation, I went searching for a new criminal lawyer. Andrew responded quickly and professionally to my enquiry. It was quickly apparent during the first meeting that Andrew was knowledgeable, honest and was committed to getting us the best possible outcome. Andrew looked at all avenues available to me in a Magistrates Court matter. He negotiated on my behalf with the prosecution, attended 3 court hearings and defended my plea at a sentencing hearing. Andrew presented strong arguments in my defense and I was very pleased with a successful outcome. Andrew was also transparent and reasonable with his capped fee costing structure.
...After being charged with Common Assault of a minor I made a sensible decision not to use the local Kununurra law firm. I engaged Andrew Williams to assist me with resolving this matter (to the point of me being awarded costs). Despite being 4000km away I never had any issues with Andrew's commitment to my case. He promptly returned all calls and demanded I do likewise when important information needed to be exchanged. I found him to be an intelligent, straight-talking and knowledgeable legal counsel. I have no hesitation in recommending this likeable and professional lawyer to those that require legal representation. Especially those that reside in regional or remote areas where there is no choice.
...Andrew Williams is a criminal laywer of much dedication I will never have the words of gratitude and admiration for his honesty and integrity I would highly recommend him to anyone who may require his services in the future
...I just wanted to take my time to explain my experience with Andrew Williams. I had an incident that could have really affected my future. As anyone does I called around all the lawyers in Perth and just not any lawyer but the ones who are highly respected amongst other lawyers and get the results. I have a friend who works in the industry and she recommended Andrew. She said she always sees Andrew in the paper with amazing outcomes to cases that he gets for his clients I first called his office and left a message with the receptionist. At the time he was on leave and it was his wife birthday. He promised her he wouldn't be bothered with work (this was at christmas time as well) he made the effort and called me to see if I was okay and how everything was. From that moment on I knew I had found my criminal lawyer. When you are going to court you want someone who is going to care about you and go the extra mile and not just pay you off. From the whole experience he was straight with me and very honest. My case was not an easy one and it could have been a very bad outcome. Andrew went out of his way to get me what I wanted. Throughout the whole process I felt like I was dealing with a friend. He was very professional and got the outcome I wanted. I really couldn't ...
Very happy with my representation and fair fees by Andrew, I highly recommend him.
...I found dealing with Andrew Williams Law Firms to be quite pleasant and professional. I have nothing but utmost regard for this firm and would recommend anyone who needs a good criminal lawyer.
...If you want to get the best lawyer money can buy and get results? Look no further than Andrew Williams and get him in your corner. Not only is he a great guy I found his legal services very professional and knowledgeable and his attention to detail was faultless. This was a very tumultuous time in my life I was facing two criminal charges and my anxiety and stress levels were through the roof, but thanks to Andrew's cool calm and confident demeanor he was able to walk me through it and keep me focused every step of the way. I was acquitted in both cases thanks to Andrew. I would like to take this opportunity to thank you again Andrew you did a fantastic job. My advice to anyone facing Criminal charges would be to phone Andrew as soon as possible.
...