Driving With a Mobile Phone Laws Australia

In the 21st century, we’re pretty clued up about the fact that driving with a mobile phone simply isn’t safe. Driving while using a phone increases your chances crashing fourfold. Despite this, people still end up using their phone while driving. 

The reality is that even usually careful drivers can sometimes find it hard to resist picking up their phone in the car. Perhaps an urgent work call comes through, or a child’s school is trying to get in touch. It’s not always easy to ignore that call, but you should. Wait until you’ve pulled over and then call back - even an emergency can wait a few minutes when the alternative is putting lives at risk.

We know that using a phone means that you are likely to miss things that you would normally see, such as road signs or pedestrians crossing. It also means that you’re more likely to take risks, as you’re focusing on your call rather than making clear judgements. You might, for example, cut into traffic when it’s not safe to do so, or fail to notice you’re speeding.

Australian laws

Using your phone other than hands-free is illegal across Australia. If you want to use your phone, it must be mounted on the dashboard or windscreen, in such a way that it doesn’t obscure your view of the road. This applies even if you’re not moving - so stopped in traffic or at lights. You can use your phone if you’re parked, but not otherwise.

The rules don’t just apply to making and taking calls. It’s also illegal to use your phone to check your email, look at social media, read a text message or anything else, even if it’s mounted. This is because all these tasks take your eyes away from the road in a way that making a hands-free call does not.

Learners and those with P1 or P2 licences aren’t allowed to use phones while driving at all, even hands-free, in most states, but check local rules as they do vary. WA, for example, has the same rules for all drivers.

If you do use your phone and are caught, you’re likely to get demerit points and a fine, though exact rules vary from state to state.

State-by-state rules

NSW
Offenders risk 5 demerit points, or 10 during double demerit periods such as Christmas and New Year.

Queensland
You’ll get 3 demerit points if you’re caught using a phone, and a fine of $391. Repeat offenders who are caught again within a year will get double points. 

Victoria
You’ll get 4 demerit points if caught, and a hefty fine of $484, the highest of any state.

South Australia
You’ll get 3 demerit points and have to pay an expiation fee, which means a fine imposed without having to go through the court system. 

Western Australia
You’ll get 3 demerit points and a fine of $400 for using your phone with your hands, or doing anything else such as looking at email or a text message. 

ACT
In ACT you’ll get a fine of $470 and 4 demerit points. 

Northern Territory
In NT, you’ll get a fine of $250 for using a hand-held phone, and 3 demerit points. The same penalty applies to learners and provisional drivers using a phone hands-free.

Tasmania
In Tasmania, the fine is $300 and you’ll get 3 demerit points. 

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