We've been getting quite a few enquiries about people being caught with a mobile phone on their lap or in their hand when driving, so we thought we'd clear up when and how you can legally use your phone in the car if you have an unrestricted licence.
Under Regulation 300 of the Road Rules 2014, a full licenced driver cannot:
- Hold the phone or rest it on any part of your body- including your lap;
- Turn the phone on or off;
- Enter anything into the phone;
- Send a message or look at the phone; or
- Operate any function of the phone.
When can a driver legally use a mobile phone?
- To make or answer a call - if the phone is mounted in the vehicle or if it is not held or used by the driver at any time. Bluetooth audio calls are allowed, for those with unrestricted licences, as long as the phone is mounted and not held or touched by the driver.
- To use a driver's aid such as GPS/Navigation system – only if it is secured in a mount in the vehicle.
- To pay for goods or services - If the vehicle is stationary in a road related area, ALL driver's, including learner and provisional drivers, are allowed to use their phone to pay for goods and services, or redeem electronic coupons or vouchers that are displayed on the phone. For example, you can use your phone to pay for food in a drive-through, but you should put your phone away before moving the vehicle.
- To access your Digital Driver's Licence - You can use your phone to access a Digital Driver's Licence, but you should wait for a direction from a police officer to do this before touching your phone.
- Drivers are only allowed to hold a mobile phone to pass it to a passenger.
What are the current penalties in NSW?
The penalty for using a phone while driving is $349 and 5 demerit points, which increases to 10 demerit points during double-demerit periods.
If you need support or advice in relation to a traffic matter, contact our experienced team on (02) 6331 2911. We're here to help!
Shanaya Stapleton | Solicitor