Leave Your Phone Alone!

It is illegal to hold a mobile phone in your hand or have it resting on any part of your body, such as your lap, when driving. This applies even if you’re stopped in traffic. The phone does not need to be turned on or in use for it to be an offence.

Using your mobile phone safely

While you can’t hold a phone when driving, you can hold a phone when safely stopped to:

  • pay for goods and services, for example at a drive through
  • gain access to or from a road-related area, such as a car park
  • present a digital driver license or other document to police when asked
  • get a card or money out of a phone wallet for the previous listed purposes.

You can also use your phone when safely parked. Parked means stopped with the intention of staying at that place.

Additional Restrictions

Learner and P1 Drivers

Learner and P1 drivers under 25 must not use hands-free, wireless headsets or a mobile phone’s loudspeaker function. If your phone is in a pocket of your clothing or a pouch you’re wearing, you must not use it in any way. This includes touching it, looking at it or operating it with your voice.

Passengers of learner and P1 provisional drivers are also banned from using a mobile phone’s loudspeaker function.

P2 and Open Drivers

If you’re an open or P2 license holder, you are also allowed to touch your mobile phone for hands-free use if, for example, the phone is in a cradle attached to the vehicle. Hands-free use can include:

  • accepting a call
  • using navigation apps
  • skipping a song
  • accepting/ending a trip as a ride share driver.

The position of your mobile phone must not obscure the driver’s view of the road.

Open and P2 license holders can also use a phone hands-free if it’s in a pocket of your clothing or a pouch you’re wearing. However, you must not touch or look at the phone. It can only be operated using your voice.

Penalties

You can be fined $1,033 and have 4 demerit points recorded against your traffic history for using a mobile phone illegally while driving. Double demerit points apply for second and subsequent offences committed within 1 year of an earlier offence.

It’s just not worth risking your money, your license or your life. So don’t be tempted, leave that phone alone!