Wednesday, Sep 04, 2013 at 16:48
I haven't looked up the relevant NSW legislation - but in W.A., use of a CB radio is expressly excluded from the mobile phone use laws and penalties.
From the W.A. Road Traffic Act, 2000, as amended ...
(REGULATION) "265. Use of mobile phones
(1) In this regulation -
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 driver’s body, but does not include held in a pocket of the driver’s clothing or in a pouch worn by the driver;
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 the driver of a vehicle -
(a) hold the phone;
(b) enter or place anything into the phone, or send or look at anything that is in the phone;
(c) turn the phone on or off;
(d) operate any other function of the phone.
(2) A driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless -
(a) the phone is being used to make or receive a phone call, other than a text message, video message, email or similar communication, and the body of the phone -
(i) is secured in a mounting affixed to the vehicle while being so used; or
(ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or otherwise to manipulate any part of the body of the phone;
or
(b) the visual display of the phone is being used as a driver’s aid in accordance with regulation 264 and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or otherwise to manipulate any part of the body of the phone.
Points: 3 Modified penalty: 5 PU ( $250)
(3) For the purposes of this regulation, a driver does not use a mobile phone if -
(a) a text message, video message, email or similar communication is received automatically by the phone; and
(b) on and after the 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.
[Regulation 265 inserted in Gazette 19 Nov. 2010 p. 57567.]"
AnswerID:
517628