Is a Magnetic Mobile Phone Car Mount Legal to Use? (QLD/NSW)

Crosscade on 07/02/2020 - 10:42
Last edited 07/02/2020 - 13:33

I currently have a magnetic qi charger in my car for holding my phone while driving. The charger itself is fixed to the car, but the phone itself is held in place only by magnets (it also has that sticky plasticy finish but think it is mostly held by the magnets). It is placed to the right of my steering wheel attached to the dash so is not blocking my view of the road at all.

I've seen examples on these forums where people have been fined for having their phone sitting in their centre console. While my phone is not positioned in the centre console and does not look like it is sitting there (phone sits at around a 60 degree angle vertically), I am somewhat worried it could be interpreted as being not secure as it is not physically restrained by the mount. Some searches of Ozbargain and online don't appear to provide any clear guidance on if a magnetic charger is compliant with the law, but I note that magnetic phone charges are still being sold by the likes of office works and JB Hifi (for example https://www.jbhifi.com.au/products/scosche-magicmount-qi-wir…).

With new laws with $1000 fines and demerit points, I don't want to be caught out if the phone needs to be physically restrained by the phone mount. Is there anything definitive on this in either NSW or QLD?

Automotive

Comments

  • 87percent on 07/02/2020 - 10:54

    go to a police station and ask them?

    • Euphemistic on 07/02/2020 - 12:16
      +1

      And you’ll get varying opinions just like from here.

  • HighAndDry on 07/02/2020 - 11:03
    +3

    Yes, at least in NSW. The relevant regulation is here:

    http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/cons…

    And the exact wording says:

    (1)(a)(i) is secured in a mounting affixed to the vehicle while being so used,

    And

    (2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle only if—
    (a) the mounting is commercially designed and manufactured for that purpose, and
    (b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

    I see no reason why a magnetic as opposed to physical mount would make a difference so long as it's designed as a phone mount and being used as intended.

    • Euphemistic on 07/02/2020 - 12:20

      (b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

      Based on this, if I screw my ‘suction cup’ mount to the dashboard in a suitable location it won’t be legal. The suction cup keeps coming off the windscreen in the heat so was looking for an alternative.

      • HighAndDry on 07/02/2020 - 12:23

        Yup. Has to be designed as phone mount, and used as designed.

        I think the logic is - they're depending on the fit-for-use requirements of products sold in Australia, and makes it easier for motorists to understand and comply.

    • abb on 07/02/2020 - 13:59
      +1

      secured in the mounting

      Can the phone really be described as being "in" the mounting though?

      The phone is secure. The mounting is fit for purpose, commercially sold, and attached. But I fear the phone could be described as being "on" the magnet, as opposed to the 'grabber' type mounts where you've got stronger case to argue it's inside.

      I'd be interested to see if this has been tested in court. Clearly the magnet complies with the intent of the law, but I fear it may not comply with the wording.

      • HighAndDry on 07/02/2020 - 14:45

        While that's a good point, judges and courts aren't as mechanical as that in real life despite perhaps having that reputation - the operative part is going to be "in the manner intended by the manufacturer". Though of course unless someone takes this to an appellate court, no way to be 100% certain.

        Just apropos of nothing, I use a magnet mount myself.

        • abb on 07/02/2020 - 16:36

          Just apropos of nothing, I use a magnet mount myself.

          Hardly apropos of nothing, that's directly of relevance to the thread (me too)

  • JTTheMan on 07/02/2020 - 11:18

    Just a thought - I would guess that if you drove over a bump in the road and your phone falls off the magnet this could be interpreted as "not secure"?

    The odds of that happening while a cop is watching are pretty remote but your defence would be "I am following the given regulations" - as quoted above.

    • ESEMCE on 07/02/2020 - 11:32
      +4

      If you're hitting a bump that hard, you've got other problems to worry about.
      At least assuming my magnetic mount is as secure as others.

      • JTTheMan on 09/02/2020 - 00:29

        Have you driven around Sydney lately?

  • Crosscade on 07/02/2020 - 13:21
    +2

    Looking at the QLD Law, it seems as long as you are not "holding [a phone] in the driver's hand" you should be fine. Seems a bit more lax than NSW.

    300
    Use of mobile phones

    (1)The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a mobile phone that the driver is holding in the driver’s hand >while the vehicle is moving, or is stationary but not parked.
    Maximum penalty—20 penalty units.

    (2)In this section—
    mobile phone does not include a CB radio or any other two-way radio.
    use, in relation to a mobile phone, includes any of the following—
    (a)holding the phone to, or near, the ear, whether or not engaged in a phone call;
    (b)writing, sending or reading a text message on the phone;
    (c)turning the phone on or off;
    (d)operating any other function of the phone.

  • stralya on 07/02/2020 - 19:06
    +1

    I don't believe it is an issue. I have had a similar holder for a while and have been pulled over twice in the last 2 months for RBTs. There have been no concerns raised by the police officers.

  • tanastra on 14/09/2020 - 11:07

    Wow. , not aware of this issue at all and what about the having the phone on wireless charger below dash ??

  • zan5hin on 26/07/2021 - 21:21

    I have a magnetic case and mount as well.

    I think it is fine, transport commission says

    Mount…. Or "the phone does not require the driver, at any time while using it, to press anything on the body of the phone or to otherwise manipulate any part of the body of the phone".

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