Driving Law

Driving Law Count Down: Police Immobilising Powers for mobile Phone Use while Driving

QCQQ together with Barron & Allen Lawyers Mackay is passionate about cars and want to keep our car enthusiasts up to date on the law. Here is #5 of our Top 10 driving law count down.

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#5 Police Immobilising Powers

This post is following on from our burnouts post (No. #10). Did you know the police can immobilise your car as soon as you are charged for doing a burnout? If you are caught, the Police will issue a ticket or a notice to appear in court and may remove your number plates, attach a ‘Number plate confiscation notice’ and give you an ‘Immobilising notice’.

You will not be able to drive the car for 90 days due to Police Immobilising Powers, and at the expiration of the number plate confiscation period, will need to collect the number plate(s) from the police station. Your car can be impounded if you are again caught doing a burnout within a 5 year period, even if driving a different car. Please share this post. Keep an eye out for Tip No. #4 on vehicle impoundment.

 

#6 MOBILE PHONE USE WHILST DRIVING IN QUEENSLAND

Don’t be tempted to touch your phone while stopped at the traffic lights – it’s an offence and, from 1 February 2020, it will cost you a whopping $1,000 fine and 4 demerit points.

The road rules state that a driver must not “use” a mobile phone that the driver is holding in the driver’s hand while the vehicle is moving, or is stationary but not parked. ‘Use’ includes – 

  1. holding the phone to, or near, the ear, whether or not engaged in a phone call;
  2. writing, sending or reading a text message on the phone;
  3. turning the phone on or off;
  4. operating any other function of the phone.

Learner and P1 provisional drivers under 25 – must not use hands-free, wireless headsets or a mobile phone’s loudspeaker function. The driver’s passengers are also banned from using a mobile phone’s loudspeaker function. The increased penalty means that learners and P-platers could lose their licence from just one offence. Open and P2 provisional drivers – can legally drive and talk on a phone using a hands-free kit. However, if your mobile phone is in a mounting bracket on the windscreen, it must not obscure your view of the road. You need to pull over and actually park the car to use a mobile in your hand. If you are caught a second time with mobile phone use whilst driving within 12 months, it’s double demerit points (8 points!) and could mean that some licence holders will be sent an ‘Accumulation of demerit points – notice to choose’, or a warning letter for 7 or more demerit points in a 3 year period.

Source: https://cqcc.com.au/driving-law-count-down-5-police-immobilising-powers/
              https://cqcc.com.au/driving-law-count-down-6-mobile-phone-use-whilst-driving-in-qld/