Be careful when you scroll through your phone because you might get a mobile phone fine in NSW. Phones have been a treat to use, especially at home or when we want to check the latest trends on social media. However, mobile phone usage while driving is not as safe as it looks. A lot of accidents originate from mobile phone use which is around 16% of Australia’s road crashes.
In NSW, it is illegal to hold and use a mobile phone while driving, even if you are stationary at a red light. It should be a no-brainer that it’s not wise to use your phone while in the car. However, there may be conditions and circumstances where you can use our phone. Let’s look at this article to learn about mobile phone fine NSW and other mobile phone road rules.
When Can You Use Your Mobile Phone While Driving in NSW?
Yes, you read that right! You 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 and the circumstances you are in.
Learner, P1, and P2 drivers cannot use a mobile phone at all while driving. Though some circumstances may allow them (read the penalties section below). As opposed to Learner, P1, and P2 drivers, fully licenced drivers can have more exceptions. Fully licenced drivers can only use their mobile phones in a hands-free manner.
For example, they must have a phone holder in case they want to receive audio phone calls or use music or audio functions. Uber drivers typically use this phone holder for navigation purposes since they have full licences. However, fully licenced drivers cannot text, email, or scroll through social media.
In conclusion, mobile phone usage is allowed to an extent, especially for fully licenced drivers. However, if you’re still a learner or provisional licence holder, it is illegal for you to use your phone and this will come with penalties. Let’s see what these penalties are.
Penalties for Mobile Phone Use NSW
For Fully Licenced Drivers
NSW Road Rule 300 states that fully licenced drivers cannot use a mobile phone while driving unless the following the following applies:
- The phone is in a proper mount away from the driver’s reach. Drivers must also operate the phone without touching the phone to make recessive calls or play audio. To put it simply, fully licenced drivers should be able to use their phone’s voice command function.
- The phone functions as a GPS and is in a mount
- The driver is driving an emergency or police vehicle
- State laws exempt you from this offence
The maximum penalty for this offence is 20 penalty units.
Although fully licenced drivers should strictly follow this, they may also use their phones for other purposes. For example, the fully licenced driver must make payments using their phone or to display coupons. This can also apply for learner and provisional drivers.
For Learner and Provisional Drivers
NSW Road Rule 300-1 states that learner and provisional drivers cannot use their mobile phones while driving or when stopped but not legally parked. However, learner and provisional drivers can only use their phones once the driver:
- Is in a parking lot
- Using their phone for payments
- Using their phone to display a coupon, voucher, or similar item
- Enters another road that requires their phone
The maximum penalty for this offence is also 20 penalty units.

Can You Contest a Mobile Phone Use Nsw Fine Offence?
Yes. 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, then you will have to attend court and defend our case with a lawyer.
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.
What if I Have a Digital Driver Licence?
This is a valid excuse to use your phone on the road. For example, police officers stopped you over and requested you to show them your licence. However, you should remember that you can only access your Digital Driver’s 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’s Licence is the digital version of the NSW Driver’s Licence. This is available through the Service NSW app. If you want to get your digital driver’s licence, download the app and log in with your MyServiceNSW Account details and follow the prompts.
Mobile Phone Use NSW Detection Camera Process.
Despite laws that already prevent the use of mobile phones while driving, some drivers are still stubborn. Sadly, some of these drivers try to use their phones when traffic officers are out of sight.
Thankfully, there are cameras that can record sharp photos of people using their phones while driving 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.
Camera Location Criteria
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.
What if I’m Riding a Motorcycle?
As long as your operating our phone 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.

How Can We Help With NSW Mobile Phone Laws?
Did traffic police officers charge you because of mobile phone usage whilst driving in NSW? Talk to a traffic offence or mobile phone offence lawyer. Here are some specific circumstances of how our traffic offence lawyers at JB Solicitors can help you with the offence of mobile phone use NSW:
- You were stopped by the police for using your mobile phone while driving, but you were actually using a hands-free device.
- Police officers caught you using your mobile phone while driving to make an emergency call
- You received a licence suspension for mobile phone use.
- Explain the rights of unrestricted licence holders and what mobile phone fines apply.
A traffic offence lawyer may be able to negotiate a lesser penalty for such circumstances. However, when things take for the worse, we can represent you in court and defend your rights. Contact us today if you need help and information about mobile phone offences. Just make sure you’re off the road when you do.