Using a Mobile Phone whilst driving, whats the law?
Section 265 of the Road Traffic Code (WA) restricts the use of a Mobile Phone whilst driving a vehicle.
A telephone call can only be received or made whilst driving, if the phone is either secured in a mounting affixed to the vehicle, or if the phone can be operated without touching it.
Use; is defined in relation to a mobile phone, as and includes any of the following actions by the driver of a vehicle--
(a)hold the phone;
(b) enter or place anything into the phone, or send or look at anything that is in the phone;
(c) turn the phone on or off;
(d) operate any other function of the phone.
includes held by, or resting on, any part of the driver’s body, but does not include held in a pocket of the driver’s clothing or in a pouch worn by the driver;
A driver may now lawfully use a hands free mobile telephone or a mobile telephone mounted in the vehicle. It remains unlawful to hold the telephone to the ear.
The law wont apply if you are stationary and parked legally on the side of the road, or somewhere where vehicles are permitted to park.
The definition of driving does however seem to include when a vehicle is stationary in a traffic queue or at Traffic Lights. The reason seems to be because the vehicle is still in the "traffic" and traffic situations can change quikly and therfore it is deemed the use of a Mobile phone is still dangerous.
It is basically the belief that use of the device increases the drivers mental workload, slows reaction times, impairs judgment, and reduces awareness of surroundings. Hope this helps.
Under the Western Australian Sentencing Act, Magistrate's presiding in Western Australian Courts over people convicted of a charge of Escape from Lawful Custody, are statutorily prohibited from making them eligible for Parole.
The Sentencing Act 1995 Western Australia at section 85(1) defined term, describes a prescribed term as a term imposed for escaping lawful custody.
Section 89(3) provides; a Parole Eligibility order must not be made in respect of a prescribed term.
Unfortunately the section does not provide details beyond the simple ineligibility for an order for Parole.
This raises some queries;
1. Does the ineligibility for Parole only apply to the sentence imposed for the Escape Lawful Custody charge?;
2. If the sentence imposed for the Escape Lawful Custody is less than 6 months, is the sentenced person eligible for administrative Parole?
 S 85(1), Sentencing Act Western Australia 1995