Driving and Using Your Mobile Phone

Getting distracted doesn’t take much. While “distraction” is not an offence, there are still distraction-related offences drivers may commit.

Using your mobile phone while driving, either talking on the phone or texting, is a distraction and is an offence.  Check below to see what penalties apply in your area.

Differences between states

Northern Territory

If you are on your learners or provisional licence it is illegal to use your mobile at all while you are driving, even if it is hands-free. You could be fined $250 and lose up to three demerit points.

If you are on your full licence you can use your mobile phone only if it is secured to a fixture in the car, and only when you are using it to make or receive a phone call. If you use it in any other way, you could be fined $250 and lose up to three demerit points.

ACT

In the ACT, you can only use your phone in your car while you are not parked if:

  • the phone is mounted in a special holder, or
  • the phone is somewhere else and you don’t need to touch it to use it (eg you’re using a Bluetooth headset).

If you are using your phone without following these rules, you could be fined $416 and lose three demerit points.

If you use your phone for messaging, social media, apps or use the internet while driving, you could be fined $511 and lose four demerit points.

Western Australia

In Western Australia you can only use your mobile phone while driving if:

  • the phone is mounted in a special holder, or
  • the phone is somewhere else and you don’t need to touch it to use it (eg you’re using a Bluetooth headset)

If you are caught using your phone and you aren’t following these rules then you could be fined $400 and you could lose up to 6 demerit points.

NSW

If you are on your learners licence or provisional licence then you cannot use your phone at all while driving, even if it’s on hands-free or you’re just touching it to change the music. You could be fined $330 if you’re caught.

Full licence holders are only allowed to use their phone to make or answer a phone call, or to play audio on the phone if the phone:

  • is secured in a cradle, or
  • can be used without touching any part of the phone (eg Bluetooth).

Victoria

If you are on your learners licence or provisional licence then you cannot use your phone at all while driving, even if it’s on hands-free or you’re just touching it to change the music. You could be fined $330 if you’re caught.

Full licence holders are only allowed to use their phone to make or answer a phone call, or to play audio on the phone if the phone:

  • is secured in a cradle, or
  • can be used without touching any part of the phone (eg Bluetooth).

South Australia

If you are on your learners or provisional licence it is illegal to use your mobile at all while you are driving, even if it is hands-free. You could be fined $308 and lose up to three demerit points.

If you are on your full licence you can use your mobile phone only if it is secured to a fixture in the car, and only when you are using it to make or receive a phone call. If you use it in any other way, you could be fined $308 and lose up to three demerit points.

Tasmania

You can only use your phone to make or receive a phone call. You can only do this if the phone is secured to your car or in special holder, or the phone is somewhere else and you don’t need to touch it, like if you’re using a Bluetooth headset.

You can use your phone for directions if it is mounted in a special holder and you don’t need to touch the phone.

If you are caught breaking these rules, you could be fined $300 and lose three demerit points.

If you are a learner driver or P1 licence holder, you are not allowed to use a mobile phone at all while driving.  This includes hands-free and speaker mode. You can continue to use your phone to play music or use GPS, as long as it is all setup before you start driving and do not touch the device at all. This comes into effect from 1 December 2020 – for more information on this see the Transport website.

Queensland

If you have your learners or provisional licence and you’re under 25, you cannot use your mobile phone at all when you’re driving, even if it’s on handsfree. The only time you can use it is if it is parked.

If you have your full licence, or you have your learners or provisional licence and are over 25, then you can only use your phone on hands free, and you must not hold it in your hand.

You can be fined $1000 and have four demerit points recorded if your mobile phone is in your hand and being used for any reason while you are driving. This includes when you’re stopped at traffic lights.