A driver must NOT use a mobile phone while the vehicle is moving or is stationary but not parked.

Use includes to press anything on the body of the phone or to otherwise manipulate any part of the body of the phone (such as entering anything into the phone, and turning the phone on or off).

Swiping the phone in a ride-share capacity may constitute using a function of the phone – regardless of it being mounted.

Further, notwithstanding it may be argued that the phone (and the application) is a ‘driver’s aid’. It is a requirement that “the use of the phone does not require the driver, at any time while using it, to press anything on the body of the phone or otherwise to manipulate any part of the body of the phone” (Rule 300(1)(a)(ii) Australian Road Rules under Road Traffic Act 1961).

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