Hands-free or hands off: Phones and driving

What are the rules about governing the use of mobile phones when driving?

Do they vary from state to state?

Do they vary depending on the licence you hold?

Here's a quick guide.

According to keepyoureyesontheroad.org.au, a website provided by the Australian Mobile Telecommunications Association, the peak industry body representing carriage service providers, handset manufacturers, retailers, infrastructure supplies and support industries – drivers across Australia are required to have their mobile phone completely hands-free or mounted in a dock or cradle affixed to the car, if they want to talk on the phone while driving. Hefty fines and points penalties in each state and territory apply if you get caught doing the wrong thing.

Australia-wide laws allow the use of Bluetooth and hands-free devices provided the driver doesn't touch the handset or provided it is mounted in a cradle.

Under current laws adopted in the ACT, South Australia and Tasmania, drivers are banned from using their phone-based GPS maps but are allowed to use portable navigation devices for the same purpose.

Northern Territory, New South Wales, Victoria and Western Australia have added exemptions to their road rules, which allow the use of mobile phones for GPS navigation, but only if the driver doesn't touch the phone and the handset is mounted in a commercially-approved car cradle/holder affixed to the windscreen or dashboard in a location that will not distract or obscure the driver's view.

New South Wales and Victorian laws also allow audio playing functions if the mobile phone is mounted in a cradle under the above stipulations. Queensland regulations are less clear and offer no specific advice on using mobile phones for navigation purposes when placed in a cradle.

Armed with that information, let's take a look at each state in detail, starting with Victoria.

Learners and P-plate holders can't use a mobile phone, hand-held or hands-free, at any time unless the vehicle is legally parked.

Full licence holders can use their mobile to make and receive calls and use the phone's music and GPS functions provided the phone is secured to the vehicle in a commercially designed holder, or it can be operated by the driver without touching any part of the phone, and the phone isn't resting on any part of the driver's body. No other phone functions can be used when not parked.

The same rules apply to fully licensed motorcycle riders and if you've had a licence for under three years or have a Learners permit, P1 or P2 probationary licence you can't use the phone at all while riding or stationary.

Smart watch wearers take note, you are not allowed to make or receive calls, texts, video messages, emails, play music or use social media platforms, although full licence holders can use a smartwatch, provided it is not being worn, to make and receive calls, play music or use its GPS function (considered a driver's aid) provided it is secured in a mounting device secured to the vehicle.

There is no mention of rules applying to cyclists using their mobiles while riding.

The penalties for illegal use of your mobile phone will result in the loss of four demerit points and a $466 fine.

In NSW a campaign entitled 'Get your hand off it' is designed to remind motorists of the dangers of using mobile phones while driving.

Learners, Provisional Licence holders (P1&P2) and motorcyclists can't use a mobile at all while driving or riding, only when legally parked. Cyclists will also be penalised for using a mobile phone while riding.  P2 Provisional and full licence holders can use the GPS or satnav function, on the proviso it's secured in a mounting that doesn't obscure your vision. Learners and P1 Provisional Licence holders can use a satnav device, as long as it is secured or built into the vehicle.

Drivers holding a full licence can use their mobiles to make and answer calls, play music or as a navigation device, but only if the phone is either in a cradle fixed to the vehicle and doesn't obscure the driver's view, and can be operated without touching the phone. No other functions can be used unless you are parked. You can't touch your phone when stopped at the lights or when stuck in traffic or on loudspeaker if it's in your lap, or touching any part of your body.

But if your phone is connected to Bluetooth and you don't touch it, it can be in your pocket. Get caught using your phone and you lose four points and cop a substantial fine.

In Queensland you cannot have your mobile phone in your hand for any reason while behind the wheel unless you are legally parked.

Drivers under 25, learners and P1 provisional drivers cannot use a mobile phone while driving, even hands-free. And if you are supervising a learner or are a passenger of a learner or P1 licence holder, it's illegal for you to use your mobile on loudspeaker.

In the nation's capital mobile phones can be used to make or receive phone calls when the vehicle is moving, provided it is in a cradle and securely mounted to the vehicle. However, you can't push the phone's buttons, even with the device resting in a cradle or mounted to handlebars or connected to buttons on a steering wheel. Using a phone hands-free isn't free from prosecution, if the police deem you are driving without proper control of the vehicle. Provisional licence holders are not mentioned and the only reference to riders is that they can't strap a standalone GPS device or a mobile phone to their arm or any other part of their body.

Get caught and fines range from $176 to $511 and the loss of up to four points.

On the Apple Isle you can receive and make calls if the phone is in a cradle or can be operated without the driver touching it. All other functions are prohibited except for GPS, provided it is in said cradle. There are no restrictions stated for listening to music from the mobile. Visual display units (satnav) can be used by motorcyclists as they are considered a driver's aid. Fines up to $300 and three demerit points apply.

In South Australia the phone can't be touched by the driver and can only be used to make and answer calls and only if it's in a cradle or connected to Bluetooth so it requires no touching by the driver.

Over in West Australia, drivers are permitted to touch their mobiles to receive and end calls if the phone is secured in a mounting affixed to the vehicle. Otherwise it can only be used via Bluetooth, voice activation or earpiece. If using Bluetooth, voice activation or an earpiece the phone may be located anywhere in the vehicle including on the driver.

Making and receiving calls in the NT is okay if the phone is cradled and secured to the vehicle and the phone can be remotely operated. The phone's keypad can't be touched unless it's fixed to the vehicle. It's also permissible for the driver to pass their phone to a passenger.