Using mobile phone while driving in NSW or any other state in Australia is a serious traffic law offence. It’s always important to stay alert when you drive around streets and highways. Therefore, you should stay away from distractions and other activities while driving such as:
- Eating or drinking;
- Talking to passengers for too long;
- Adjusting the radio or climate controls;
- Applying makeup or grooming yourself;
- Daydreaming or being lost in thought;
- Looking at other vehicles or other objects outside your car; and
- Using your mobile phone whilst driving.
Indeed, we always tend to look at our phones for the latest news or our social media feeds. We may also like to receive or make an important call. However, we should focus on the road whenever we drive. This article will explain points in relation to using mobile phone while driving in NSW.
Relevant Laws
Regulation 300 of the Road Rules 2014 (NSW) prohibits drivers from using mobile phones while their vehicle is moving or stationary but not parked. The Road Rules defines the term “use” as a number of actions, such as:
- Holding the phone in your hand, even if you are not making a call.
- Entering or placing anything into the phone, except by voice.
- Touching or holding the phone while sending or looking at anything on the phone.
- Turning the phone on or off.
- Operating any function of the phone.
However, there are a few exceptions to these mobile phone rules. Drivers are allowed to use a hands-free device to make or receive calls, or to use a navigation app. However, they are not allowed to use a hands-free device for any other purpose, such as texting, browsing the internet, or taking photos.
Using Mobile Phone While Driving in NSW: Driver Types
Let’s outline the different driver types in Australia in this article about using mobile phone while driving in NSW. In Australia, there are different kinds of driver’s licences which are: learner, P1, and P2, and fully licensed drivers. Learner and P1 drivers are considered to be provisional drivers, and they have more restrictions than fully licensed drivers.
1. Learner drivers are the most restricted type of driver. They must have a supervising driver in the car with them at all times, and they are not allowed to drive alone.
2. P1 drivers have a little more freedom than learner drivers. However, they still have some restrictions. They are allowed to drive alone, but they are not allowed to drive with more than one passenger under the age of 21. They are also not allowed to drive between the hours of 11 pm and 5 am.
3. P2 drivers have the most freedom of all the provisional drivers. They are allowed to drive with any number of passengers, and they are allowed to drive at any time of day. However, they are still subject to some restrictions, such as the speed limit and the blood alcohol limit.
Read: Drink Driving Offence in NSW
4. Fully licensed drivers do not have any of the restrictions that learner, P1, or P2 drivers have. They are allowed to drive any vehicle, at any time of day, with any number of passengers. However, they are still subject to the speed limit and the blood alcohol limit.
Mobile Phone Use Restrictions for Learner, P1 and P2 Drivers
Learner, P1 and P2 drivers are not allowed in using mobile phone while driving in NSW. This is true regardless of whether the phone is:
- Being handled
- Resting on any part of the body
- Secured in a cradle or used hands-free (i.e. via Bluetooth).
This means that you cannot:
- Make or receive phone calls
- Use GPS
- Listen to music
- Use any other function of your phone
The only exception is if you are pulled over by a police officer and they ask you to show them your Digital Driver Licence. In this case, you can touch your phone to access your licence.
Mobile Phone Use Restrictions for Fully Licensed Drivers
Fully (unrestricted) licence holders are allowed in using mobile phone while driving in NSW in a hands-free manner. However, there are some restrictions. You can only touch your phone:
- To make or receive audio phone calls
- For music or audio functions
- For using a driver’s aid (such as navigation)
- Your phone must be secured in a cradle that is fixed to the vehicle in a manner intended by the manufacturer. The cradle must not obscure your view of the road (in front and to each side).
You are not allowed to use your phone for any other function, such as texting, emailing, or social media. If you want to use your mobile phone legally for any of these functions, your vehicle must stay out of the line of traffic or at a car park.
FAQs About Using Mobile Phone While Driving in NSW
Q: What are the penalties for illegal mobile phone use?
A: The fine for illegal mobile phone use is $362, or $481 if detected in a school zone. There’s also a penalty of 5 demerit points for using a mobile phone illegally, which increases to 10 demerit points during double demerit periods. These fines and demerit point penalties apply to both camera-detected offences and infringements issued by NSW Police.
Q: Is it illegal for a passenger to use their phone?
A: No, it is not illegal for a passenger to use their phone while in a vehicle. However, if a passenger is using a phone, the screen of the phone mustn’t be visible to the driver from the normal driving position.
Q: What’s the best way in using mobile phone while driving in NSW?
A: The best way to use your phone while driving is to simply put it away. If you need to use your phone, pull over to a safe location and park your car before doing so. You can also use a hands-free device to make or receive calls, but be sure to keep your eyes on the road.
Do You Need Help From Traffic Offence Lawyers?
Using mobile phone while driving in NSW is against the law. It is also a dangerous behaviour that can lead to tragic consequences. Road safety should be a priority for every driver, and that means refraining from distractions, especially mobile phone usage.
By understanding the law, educating ourselves, and adopting responsible practices, we can ensure safer roads for everyone. Remember, your phone can wait but your safety and the safety of others cannot.
JB Solicitors is a law firm that specialises in traffic law. We can help you understand the law and your rights, and can represent you in court if necessary. Let our team handle your traffic or criminal law matter with utmost care and urgency.
Contact us today if you have more questions about using mobile phone while driving in NSW and other mobile phone road rules.
