Someone recently told me that it is illegal to have a mobile phone in your pocket, weather using it or not, whilst riding an Ebike.
I was going to write to my local Queensland member of Parliament to say that it is a stupid law, that should be be repealed, but I thought I should fist check, that ther is such a rule.
However based on the research I had to do, and how convoluted the laws are, I feel, it is dangerous and unsafe, to think about such rules whilst driving or riding, as doing so would be far more of a distraction, from driving/riding, than what the laws are trying to protect against.
I started reading about use of mobile phone use, whilst driving, as most of the road rules applicable to motor vehicles also apply to bicycles.
That started hear, which initially states: “It is illegal to hold a mobile phone in your hand or have it resting on any part of your body, such as your lap, when driving”
But under the heading “Additional mobile phone restrictions”, is:
“Learner and P1 drivers under 25 must not use hands-free, wireless headsets or a mobile phone's loudspeaker function. If your phone is in a pocket of your clothing or a pouch you're wearing, you must not use it in any way. This includes touching it, looking at it or operating it with your voice.”
So this only applies to Learner and P1 drivers under 25. But it does NOT say they are not allow to have a mobile phone in ther pocket. The way I read this, they are allowed to have it in ther pocket, but are not allowed to use or touch it.
However ther is a link to other pages on Learner drivers and Provisionl drivers, that basically states the same as above. That is you CAN have a mobile phone in your pocket, but, if you are a learner or provisional driver or are under 25 you can not use that phone, that is in your pocket.
As I understand this, so far, a fully licensed driver over 25 years old can use a mobile phone that is in ther pocket provided they dont touch it. Meaning it would have to be used via the phones loud speaker or the cars audio system and via voice commands.
With motor vehicle licencing only people of a certain age can get a licence or learn to drive. That does not apply to bicycles.
I found this on bicycles.
It does not specifically state that a cyclist cannot have a phone in ther pocket.
Ther are some additional rules for ebikes but nothing to do with mobile phones
I don't blame the person that told me about riding an ebike with a mobile phone in your pocket is illegal, as without reading what I have linked to above, multiple times, I was often confused.
Even larger institutions get these laws wrong. Like Suncourp have a animated video on YouTube that sais you are not allowed to use a mobile phone when driving if it is in your pocket. But this states:
“Open and P2 licence holders can also use a phone hands-free if it's in a pocket of your clothing or a pouch you're wearing. However, you must not touch or look at the phone. It can only be operated using your voice”. They appear to have interpreted the laws incorrectly. They also state in the video, “you can't use your phone to check maps” This is partly wrong, as stated in the exceptions here: “the phone is in a cradle attached to the vehicle. Hands-free use can include … using navigation apps”
The rules about not touching a mobile phone or having it on your person dont apply to 2 way radios or CB radios. "These mobile phone rules do not apply to CB radios or any other two-way radios."Why? How is holding a mobile phone different than holding a CB or other radio microphone. A least mobile phones dont have a spiral cable.
The laws seem to imply that having something in your hand is a distraction to driving. Except a radio microphone. Stupidly inconsistent.
The bit I previously quoted “Learner and P1 drivers unider 25 must not use hands-free, wireless headsets or a mobile phone's loudspeaker function.“
But nothing is said about using a mobile phone via a cars audio system. Im assuming a cars audio system is not a phones loudspeaker function.
If the implications of these laws are that young and inexperienced drivers are distracted by engaging in a phone conversation then why is that conversation ok if it is coming through the cars audio system?
If the distraction,in the case of younger and experienced drivers, is the conversation, then why are such drivers allowed to have conversations with passengers in the car? What makes such conversation less of a distraction?
I would suggest that generally younger drivers have much better reaction times than older drivers. So why don't these restrictions also apply to older drivers? Stupidly inconsistent.
Whilst reading these laws I discovered that it is illegal for a passenger in a vehicle to talk on a mobile phone, using the phones loud speaker, if the person that is driving is a leaner. But apparently this would not apply if the conversation is coming through the cars audio system. That is Stupidly inconsistent.
In my opinion its because politicians make these laws so that they can achieve three things:
Some extra material to support my opinion in these articles:
Australian road toll hits five-year high: Why speed cameras aren’t saving lives
My links at the beginning of this document are to the Queensland Government site about transport safety. These are NOT the laws. They are just a public servents interpretations of the laws.
Hence they may not be correct. Ther are some interpretations for which I can not find laws, rules or regulations.
As far as I can tell the laws to do with the use of Mobile phones when driving are contained in these laws:
Transport Operations (Road Use Management—Road Rules)
Transport Operations (Road Use Management - Road Rules) Regulation 2009.
Transport Operations (Road Use Management—Driver Licensing) Regulation 2021
Possible ther are others that I am not aware of
Note that non knowledge of laws is not a defense.
Apparently Victoria are going the same way.
But even further. Like making it illegal to scroll on a in car screen. Apparently there are some cars will you need to scroll to make it do things that you want the car to do, like turn the temperature up and down. Don't know they're going to handle that.