Be careful when using your mobile phone while you’re driving because you might get a mobile phone fine NSW for that. Using your phone while driving is not as safe as it looks. A lot of accidents originate from mobile phone use. Some of which are death and serious injuries.
In NSW, it is illegal to hold and use a mobile phone while driving, even if you are stationary at a red light. You may even receive a mobile phone fine NSW for using a hands-free device in a way that is distracting. Here are 8 things you must know about mobile phone fine NSW other mobile phone road rules.
#1 You Can Use Your Mobile Phone While Driving in NSW (Conditions Apply!)
Yes, you read it right! You’re can use your mobile phone even while driving. However, the rules for using a mobile phone while driving in NSW depend on your licence type.
- Learner, P1, and P2 drivers are cannot use a mobile phone at all while driving, even when stationary.
- Fully licenced 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.
Although NSW law allows you to use your phone while you’re in your car, such usage is only up to a certain limit and is subject to the condition that you must hold a full licence. However, if you’re still a learner of provisional licence holder, it is illegal for you to use your phone. The rules are stricter for these types of licence.
#2 Penalties for Illegal Mobile Phone Use NSW.
If they catch you using your phone while driving, there will be penalties such as mobile phone fine NSW. As of November 2024, mobile phone fine NSW is already at AUD 410, from AUD 362 last year. If detected in a school zone, the fine now is AUD 544 from AUD 481 last year.
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
#3 You Can Contest a Mobile Phone Use NSW Fine Offence.
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.
#4 You Can Use Your Mobile Phone Wallet Functions While Your Vehicle Is Stationary and Off the Road.
Yes, you can 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.
#5 You Can Pick Up Your Phone To Show Your 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.
#6 Mobile Phone Use NSW Detection Camera Process.
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.
#7 Camera Location Criteria.
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.
#8 You Can Use a Hands-Free Device by Motorcycle Riders While Riding in NSW.
As long as it’s hands-free, you’re good! 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 must not use their phone at all while riding, even when stationary.
A Traffic Lawyer Can Help You With a Mobile Phone Use Charge
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 traffic police catch you 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.
Last updated: 25 November 2024
