Strict interpretation by police of new road rules in some Australian states is threatening to hinder the use of mobile phones as global positioning satellite (GPS) navigation systems in cars and maybe result in fines and loss of points for anyone caught using them, the Australian reported this week.

The new rules were agreed on by all state and territory road ministers in February, but have yet to be enacted in most states. They will, however, take effect in Victoria from November 9.

Potentially at risk are users of recently launched GPS applications from Navigon, Sygic and TomTom, which are all available for the Apple iPhone; as well as Telstra's WhereIs Navigator GPS service, which is available on BlackBerry Bold, 8110 and 880 models and the Nokia N95.

The new rules would also apply to the simpler WhereIs Mobile service, which does not link to GPS satellites, but uses information from mobile towers to figure out roughly where a user is.

WhereIs Mobile can be used on any 3G mobile phone that can access the internet, including many popular Nokia models.

In Victoria, some officials are interpreting the new rules as making it illegal to use a mobile phone in a moving car for anything other than making or receiving a phone call. In the words of a VicRoads spokesperson: "A phone will only be allowed to be used for its primary purpose. If it's a phone, it's a phone."

If you're caught doing otherwise, the penalty is a $234 fine and the loss of three demerit points.

This seems pretty draconian to Doubleclick, and to the vendors of some of the smartphone GPS software programs, all of whom are urgently seeking clarification.

A phone may have just been a phone a couple of years ago, but that's no longer the case with recent smartphones such as the iPhone, BlackBerry or Nokia N95: today, thanks to the flood of new software, a phone can be many things, including a computer, a camera, a games machine, a music player and a GPS navigator.

It's hard to see much difference between using Navigon or TomTom on an iPhone or a properly mounted dedicated GPS device, which remains legal.

TomTom Australia marketing manager Chris Kearney reckons use of his company's software should be OK as long as the phone involved is placed in a purpose-built cradle, mounted on the dash or windscreen, and the driver doesn't physically interact with the device while driving.

TomTom has been working on a cradle, and it should go on sale in Australia during October at $199. That's on top of the $99.99 asking price for its iPhone software and maps.

From its headquarters in Bratislava, Sygic, whose Aussie software goes for $70 at the iPhone App Store, told Doubleclick they had heard about the new rules Down Under.

"We are trying to find out the details via our Australian map provider WhereIs. We will definitely put all our best effort in making the use of the application not colliding with the laws," spokeswoman Anna Hurbanic said.

Whereis spokesfolk say they're in discussions with VicRoads and will communicate directly with customers if there's a problem. NSW and some other states are still considering implications of the proposed new rules.

None of the software suppliers TomTom, Navigon, Sygic or Whereis has so far placed any warning of the changes on their websites or download areas.