Using a mobile phone behind the wheel is one of the most common and most misunderstood road offences in New South Wales. With mobile phone detection cameras now operating across Sydney, many drivers are being fined without realising they have broken the rules. Here is a simple guide to what is legal and what is not.
The law in NSW is straightforward. Under regulation 300 of the Road Rules 2014 (NSW), drivers must not touch a mobile phone while the vehicle is moving or stationary in traffic. That includes stopping at red lights and in congestion. A quick glance down to change music or check a text still counts as using a phone.
There are only a few situations where limited phone use is legal. Fully licensed drivers may use a phone hands-free, meaning the phone is mounted in an approved cradle or connected to the vehicle through Bluetooth. Even then, the driver may only use it for specific functions such as navigating, making or receiving calls, or playing audio. The key requirement is that the driver does not touch the device at any time.
Learner and P plate drivers face even stricter rules. They cannot use a mobile phone at all, even in hands-free mode. Navigation systems must be built into the car or operated by a passenger.
Penalties are substantial. A mobile phone offence currently attracts a significant fine and demerit points. Many drivers are caught by automated cameras that operate day and night without warning signs.
The safest approach is also the simplest: set up your phone before you start driving. Enter your destination, choose your playlist and put the phone out of reach. A moment’s distraction can have lifelong consequences, including a hefty fine.
