Mobile phone use while driving is one of the leading causes of distracted driving and can lead to the driver receiving a mobile phone fine NSW. Usage of mobile phone is responsible for hundreds of deaths and serious injuries each year. In NSW, it is illegal to use a handheld mobile phone while driving, even if you are stopped at a red light. You can also be fined for using a hands-free device in a way that is distracting.
In this article, we outline 8 frequently asked questions about mobile phone use NSW and other mobile phone rules.
Can I Use My Mobile Phone While Driving in NSW?
A: The rules for using a mobile phone while driving in NSW depend on your licence type.
- Learner, P1, and P2 drivers are not allowed to use a mobile phone at all while driving, even when stationary.
- Fully licensed drivers are only allowed to use their mobile phones in a hands-free manner or in a phone holder to make or receive audio phone calls, use music or audio functions, or use as a driver’s aid (such as navigation). All other functions, such as texting, emailing, and social media, are not allowed.
The rules are stricter for a learner and provisional licence holders than for a full or unrestricted licence holder. They are not allowed to use or touch their phone at all unless the car is parked.
What Are the Penalties for Illegal Mobile Phone Use NSW?
A: The fine for illegal mobile phone use NSW is $362, or $481 if detected in a school zone (as of October 2023). There is also a penalty of 5 demerit points for illegal mobile phone use, which increases to 10 demerit points during double demerit periods. These fines and demerit point penalties apply to both camera-detected offences and infringements.
The suspension period for unrestricted driver licence holders is:
- 13 – 15 demerit points: three-month suspension
- 16 – 19 demerit points: four-month suspension
- 20+ demerit points: five-month suspension
How Can I Contest a Mobile Phone Use NSW Fine Offence?
A: If you receive a fine for using a mobile phone while driving in NSW, you can pay the fine and incur the demerit points or not pay. If you choose not to pay, you will be required to attend court.
There are a number of factors that the court takes into account when deciding whether to dismiss the mobile phone fine. These include:
- the circumstances of the offence,
- the level of danger the offence caused,
- the number of persons put at risk,
- whether you are genuinely remorseful,
- what steps you have taken to demonstrate prospects of rehabilitation,
- whether you are unlikely to re-offend,
- your traffic record, and
- your need for a driver’s licence.
Can I Use My Mobile Phone Wallet Functions While My Vehicle Is Stationary and Off the Road?
A: Yes, you are allowed to use your mobile phone wallet functions such as:
- making a payment,
- redeeming a voucher or coupon, or
- accessing a specific area
while your vehicle is stationary and off the road, in a car park, drive-through, or driveway.
When Is It Okay to Pick Up My Phone to Show My Digital Driver Licence to a Police Officer?
A: You can only handle and use your mobile phone to access your Digital Driver Licence after a police officer has asked you to do so. It’s illegal to touch your phone before a police officer instructs you to do so.
A Digital Driver Licence is the digital version of the NSW Driver Licence. This is available through the Service NSW app. If you want to get your digital driver licence, download the app and log in with your MyServiceNSW Account details and follow the prompts.
How Does the Mobile Phone Use NSW Detection Camera Work?
A: With many cameras and an infrared flash, the mobile phone detection camera system can record sharp photos of passing vehicles in any traffic or weather situation. Automatic visual analysis by artificial intelligence software identifies potential offending drivers. Images of non-offending drivers are not included for further action.
Then, skilled staff confirm any images that appear to show a mobile phone offence. Images that the artificial intelligence rejects are often erased permanently and irretrievably within an hour of being discovered. The cameras’ fixed and portable forms share the same camera technology.
What Criteria Are Used to Determine Camera Locations?
A: The cameras work in areas that adhere to specified standards and guarantee widespread deterrence. The NSW Automated Enforcement Strategy for road safety specifies criteria, which include:
- Risk levels
- Geographic spread
- High movement and place
- Nominated routes or locations
- Difficult locations for NSW Police to enforce
- Operational criteria
- Existing infrastructure
The Mobile Phone Detection Camera Program operates day and night, in all kinds of weather, and even in places where it could be challenging for authorities to execute the law.
Can Motorcycle Riders Use a Hands-Free Device While Riding in NSW?
A: All drivers, including motorcycle riders, are only allowed to use mobile phones in NSW in a hands-free manner or in a phone holder to make or receive voice calls, play audio, or use as a driver’s aid (such as navigation). All other functions, such as texting, emailing, and social media, are not allowed. Learner, P1, and P2 riders are not allowed to use their phone at all while riding, even when stationary.
How Can a Traffic Lawyer Help Me With a Mobile Phone Use Charge in NSW?
A: A traffic lawyer can help you contest a mobile phone use NSW charge by:
- representing you in court,
- negotiating with the prosecution,
- presenting a strong defence on your behalf,
- advise you on the best course of action to take, such as whether to plead guilty or not guilty and what evidence to present in court.
A traffic lawyer can help you understand the legal process and your rights, and work to minimise the penalties you face, such as fines and demerit points. They can also help you keep your licence and avoid a criminal record.
Have a Chat with JB Solicitors About NSW Mobile Phone Laws
If you’ve been caught using your mobile phone whilst driving in NSW, talk to a traffic offence or mobile phone offence lawyer. Here are some specific examples of how our traffic offence lawyers at JB Solicitors can help you with the offence of mobile phone use NSW:
- If you were stopped by the police for using your mobile phone while driving, but you were actually using a hands-free device, a traffic offence lawyer may be able to get your charges dismissed.
- If you were caught using your mobile phone while driving to make an emergency call, a traffic offence lawyer may be able to get your charges reduced or dismissed.
- If you’re facing a licence suspension for a mobile phone use offence, a traffic offence lawyer may be able to negotiate a lesser penalty, such as a good behaviour bond or a reduction in the suspension period.
- Explain the rights of unrestricted licence holders and what mobile phone fines apply.
Contact us today if you need help and information about mobile phone offences.