Mobile Phone Use While Driving

In 2012, mobile phones became largely illegal to use whilst driving. Now, drivers must use their phones in a cradle or via Bluetooth for audio functions and calls. This offence can carry legal consequences, especially in a result of loss of licence, demerit points and fines.

Even a brief glance at your phone whilst stopped at a red light can result in fines and possible suspension for repeat offences. However, not all charges are justified, and you may be entitled to a legal defence if disputing the offence.

• Mobile phone use for full licence holders is legislated under regulation 300 of the Road Rules 2014 (NSW):

Under regulation 300:

(1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless

(a) the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone
-- (i) is secured in a mounting affixed to the vehicle while being so used, or
-- (ii) is not secured in a mounting affixed to the vehicle and 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, or

(b) the phone is functioning as a visual display unit that is being used as a driver's aid and the phone is secured in a mounting affixed to the vehicle, or

(c) the vehicle is an emergency vehicle or a police vehicle, or

(d) the driver is exempt from this rule under another law of this jurisdiction.

• Mobile phone use for holders of a learner licence or a provisional P1 or P2 licence is legislated under regulation 300-1 of the Road Rules 2014.

Mobile phone detection cameras operate at all hours of the day. They are fixed and on portable devices that are designed to photograph drivers in their cars that drive past texting or scrolling, holding their phones or having phones in their lap or hands even when stationary in traffic.

These cameras use AI Technology to detect if the driver is holding their phone. When issued a fine for a mobile phone detection camera, it is always recommended to request and check the photographic evidence, as the camera is speculative of the object that you are holding. This photo may be a legal defence to overturn the fine and penalty in court, Brightstone Defence is here to help!

The maximum penalty for this offence is 20 penalty units.

The infringement notice issued if this offence has been committed carries a fine of $423 and 5 demerit points. If the offence has been committed in a school zone the fine is $562 and 5 demerit points. If this offence is committed during a period of double demerits, the demerit points arise to 10 demerit points per offence.

If you hold a provisional P1 or P2 or learner drivers’ licence, the demerit points exceed the threshold limit for their respective licences and the driver risks having their licence suspended or disqualified.