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Driving and mobile phones

To keep yourself and other road users safe your full attention is needed when driving. Driving while using a mobile phone held in your hand is illegal—even if you're stopped in traffic. This means you can't:

  • hold the phone next to or near your ear with your hand
  • write, send or read a text message
  • turn your phone on or off
  • operate any other function on your phone.

Mobile phone restrictions

Learner and P1 provisional drivers under 25 must not use hands-free, wireless headsets or a mobile phone's loudspeaker function.

Learner and P1 provisional drivers' passengers are also banned from using a mobile phone's loudspeaker function.

Find out more about mobile phone restrictions when driving.

Using your mobile phone safely

  • Turn off your mobile phone before you get in your car so you won't be tempted to answer it.
  • If you must have your mobile phone on, install a hands-free kit so you can legally drive and talk on your phone (for open or P2 provisional licence holders only), but don't forget to keep concentrating on driving.
  • You can use a mobile phone held in your hand if you are legally parked. Parked means stopped with the intention of staying at that place.

If your mobile phone is in a mounting bracket on the windscreen, it must not obscure your view of the road.

These mobile phone rules do not apply to CB radios or any other two-way radios.

Penalties

You can be fined $365 and have 3 demerit points recorded against your traffic history if your mobile phone is in your hand and being used for any reason while you are driving—including when you're stopped at traffic lights or in congested traffic.

Double demerit points apply for second or subsequent mobile phone offences committed within 1 year after an earlier offence.

Last updated
6 July 2016

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