We are constantly being asked about the legalities of driving in Australia while using a PTT device. The questions discuss both custom devices (which are connected to a mobile network but might not be considered a phone), as well as mobile phones running the IMPULSE Wireless push-to-talk application, sometimes with a wired or Bluetooth remote speaker microphone or headset.

The answer is not straightforward, but is generally the same across all states of Australia. We have thousands of users across all of the mainland state and territories; and while the wording and location of the applicable road rules varies, the intent is the same.

We always encourage our users to firstly consider safety, regardless of what the law might allow. Performing a risk assessment is something that some of our customers have done before deploying push-to-talk and developing operating procedures for their staff.

Secondly, if in doubt, get professional legal advice, like some of our customers have. This article is not legal advice.

A risk assessment is something that has not always been properly considered previously with radio communications. A radio can cause as much or more distraction as an IMPULSE Wireless device, but users have become familiar and comfortable and thus complacent. Police can easily book you for using your radio, even though the rules explicitly state a "CB or two-way radio" is NOT a phone. Anything causing distraction, loss of control, or dangerous driving, is cause for concern.

The road rules state that the body of the phone means the part of the phone that contains the majority of the phone's mechanisms.

Bluetooth and wired car kits and remote speaker microphones are therefore not considered in the rules, as they are not the body of the phone;

- Providing the phone is not being held by the driver; and

- The use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone (ie. not touching the phone to choose a contact to make a private PTT call or send a message)

In NSW, Victoria, QLD and Tasmania, a learner, P1 or P2 driver must not use a phone at all, whether being held or not.

We recommend you err on the side of safety; and use caution (and/or a solicitor) when considering the road rules. Most of our customers allow their drivers to use a Bluetooth remote speaker mic or wired microphone while driving, which allows the majority, ifnot all, of the functionality they require, without touching the main device itself.