• Secured in a commercially designed holder fixed to the vehicle; or
• Can be operated by the driver without touching any part of the phone.

Drivers may still use earpieces that are connected to the phone via a chord but whilst you are using such a device, you must ensure that you do not hold the phone in your hand, press any buttons on the phone itself, or touch any part of the body of the phone.

Using Global Positioning System (GPS) while driving is also prohibited unless it is secured in a commercially designed holder fixed to the vehicle.

Using a mobile phone or visual display unit as you drive is considered distracting and may create a dangerous if not fatal situation. With these new rules, the government aims to reduce the road toll by 30 percent by 2017.

Learner driver and P1 drivers are prohibited from using mobile phones at all while driving.

After your Learner’s Permit and before your Probationary Licence.

If you obtained your learner permit on or after 1 July 2008 and you are applying for a probationary licence, there are requirements that you must have been driving on your learner permit for a minimum of twelve (12) months, and have completed at least one hundred and twenty (120) hours of supervised driving in a variety of conditions, including ten (10) hours at night. Your driving experience must be recorded in your official learner logbook, and must be signed by you (as the learner driver) and your supervising driver. Learner drivers over twenty-one (21) years of age are exempt from this, although it is wise to obtain as much driving experience as possible.

Two-tiered Probationary Licensing System

The new two-tiered probationary licensing system is now in place. P-Platers are first awarded a P1 licence (red p-plates) upon passing their driving test. They must maintain a good driving record for a year before being awarded with a P2 licence (green p-plates) which is for a period of three (3) years. Drivers over the age of 21 will skip the P1 period and go straight to the P2 licence.

If you are driving on a P1 Probationary Licence:

• You must display red P-Plates at all times.
• You must not have any alcohol in your blood when driving.
• You must not use a mobile phone, hand held, hands free or messaging of any kind.
• You are not permitted to drive a high powered vehicle.
• You cannot tow a caravan or trailer (unless for work at the request of the employer, under instruction with an experienced driver sitting beside you or you are using the vehicle in connection with agriculture, horticulture, dairying, pastoral or other like pursuits like commercial fishing).
• You are not allowed to carry more than one peer passenger (with some exceptions).
• If you pass your drive test in an automatic vehicle, you will be restricted to driving automatic vehicles while you hold  a probationary licence.
• You must carry your licence at all times while driving.

If you are driving on a P2 Probationary Licence:

• You must display green P-Plates at all times.
• You must not use a hand held mobile phone while driving.
• You are not permitted to drive a high powered vehicle.
• You must not have any alcohol in your blood when driving.
• If you pass your drive test in an automatic vehicle, you will be restricted to driving automatic vehicles while you hold a probationary licence.
• You must carry your licence at all times while driving.

We trust that this information is of assistance particularly for those of our clients who will be on our roads this holiday.

Recent changes to the law have broadened the definition of “family violence”, to now include economic abuse and emotional and psychological abuse. Temporary on-the-spot after hours protection, issued by police, against respondents, where there are no other orders in place and they are necessary to ensure safety, preserve property or protect a child. These are called Family Violence Protection Notices and last until the matter can be brought to Court at the earliest opportunity for the purpose of applying for an Intervention Order.