Using a Mobile Phone While Driving - Consultation on Changing the Law

Overview

This consultation seeks views on widening the scope of the existing mobile phone offence to include any use of a hand-held mobile phone or other hand-held interactive communication device while driving. It proposes to update existing legislation to ensure it reflects the many advances in technology since the mobile phone offence was first introduced in 2004. 

At present, the offence covers hand-held mobile phones and other hand-held interactive communication devices and is triggered when a driver uses them to perform an interactive communication function. The Department is proposing to amend the legislation so that the offence will be triggered when a driver uses those types of devices, regardless of how they are being used. 

The consultation also proposes an exemption which would permit a driver to hold and use a device under specific circumstances, to make a contactless payment at a payment terminal for goods or services.

The Department is seeking the public’s views on all of the mobile phone related proposals and has included seven consultation questions. 

The consultation will run until 14 August 2025.  Please ensure that your response reaches us by the closing date.