The definition of “mobile phone” is a “portable electronic device whose functions include being a telephone”. This will include PDAs and Smartphones like Blackberries and iPhones, which means that even an iPod playlist cannot be used while driving.

The change does not affect the use of two-way radios. Blue-tooth and any other hands-free headsets in cars are allowed to be used by drivers. The only requirement is that the hands-free kit does not require the pressing of more than one button to make, receive, or end a phone call.

The ban impacts upon employers with mobile work forces and employees who need to be contactable whilst out on the road. Mobile phones may be used once the driver has parked or pulled over to the side of the road, but cannot be used when the driver has just stopped at traffic lights. 111 calls are permitted in cases of genuine emergency. Anyone breaching the new rule will be subject to an $80 fine and 20 demerit points.

Employers have obligations under the Health and Safety in Employment Act 1992 to ensure that employees and others do not suffer harm at work. This requires employers to be proactive in ensuring that their workforce is aware of the ban.

At a minimum, employers should make a workforce wide announcement concerning the new requirements. It would also be prudent to get any employees who are driving for work purposes to confirm in writing that they are fully aware of their obligations under the new rules. Some employers may wish to consider providing employees, who need to be available to take calls whilst driving on the road, with a hands-free device which complies with the “one-button” rule.

Written by Kinsington Swan