(1) A person travelling on an electric personal transporter on a road or road related area must not use a mobile phone while the electric personal transporter is moving unless—
(a) the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone—
(i) is secured in a mounting affixed to the electric personal transporter while being so used; or
(ii) is not being held by the person, and the use of the phone does not require the person, at any time while using it, to press anything on the body of the phone or to otherwise manipulate any part of the body of the phone; or
(b) the phone is being used to perform a navigational or intelligent highway and vehicle system function and the body of the phone is secured in a mounting affixed to the electric personal transporter while being so used.
Penalty: 10 penalty units.
(2) For the purposes of this rule, a person does not use a phone to receive a text message, video message, email or similar communication if—
(a) the communication is received automatically by the phone; and
(b) on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the phone.
(3) In this rule—
"affixed to", in relation to an electric personal transporter, includes forming part of the electric personal transporter;
"audio phone call" does not include an email, text message, video call, video message or other similar communication;
"body", in relation to a mobile phone, means the part of the phone that contains the majority of the phone's mechanisms;
"held" includes held by, or resting on, any part of the person's body, but does not include held in a pocket of the person's clothing or in a pouch worn by the person;
"mobile phone" does not include a CB radio or any other two-way radio;
"use", in relation to a mobile phone, includes any of the following actions by a person—
(a) holding the body of the phone in the person's hand (whether or not engaged in a phone call);
(b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone;
(c) turning the phone on or off;
(d) operating any other function of
Pt 15 (Heading) amended by S.R. No. 135/2021 rule 72(1).
Notes to Pt 15 substituted by S.R. No. 135/2021 rule 72(2).
1 This Part contains rules that apply only to riders of bicycles and electric scooters. Most rules in these Rules apply to riders of bicycles and electric scooters in the same way as they apply to drivers—see rule 19. There are some other rules that are for riders of bicycles only, for riders of electric scooters only or that have exceptions for riders of bicycles and electric scooters. These include—
• optional hook turn by a rider of a bicycle or an electric scooter— rule 35;
• rider of bicycle or electric scooter making a hook turn contrary to a no hook turn by bicycles sign — rule 36;
• riders of bicycles or electric scooters exempted from giving stop signals— rule 52;
• exception for riders of bicycles or electric scooters riding in emergency stopping lanes— rule 95;
• riders of bicycles or electric scooters entering and leaving roundabouts— rules 111 and 119;
• riders of bicycles or electric scooters overtaking to the left— rule 141;
• riding a bicycle alongside other riders— rule 151;
• bicycle lanes— rule 153;
• parking at a bicycle rail or in a bicycle rack— rule 166;
• stopping on footpaths— rule 197;
• stopping on a road with a bicycle parking sign— rule 201.
2 Bicycle and electric scooter are defined in the dictionary.
Pt 15 Div. 1 (Heading and rule 244W) inserted by S.R. No. 135/2021 rule 73.
Division 1—Rules for riders of bicycles and electric scooters
Rule 244W inserted by S.R. No. 135/2021 rule 73.