old iphone
Feann Torr31 Mar 2018
ADVICE

Motorists and mobile phone laws explained

Can you use your mobile phone as a sat nav device in Victoria? How about taking a call in Queensland hands-free? The answers are right here

The message about the dangers of using a mobile phone while driving is not getting through to motorists. And as a consequence, Australian authorities are clocking up tens of millions of dollars in fines every year as motorists continue using mobile phones while driving.

But the data is compelling. Indeed, studies suggest mobile phone use is as dangerous as driving drunk.

Even the crew from Mythbusters found that a drunk driver performed more reliably than someone driving while conversing on the phone.

Road safety director at the Transport Accident Commission in Victoria, Samantha Cockfield, said that mobile phone use is "...emerging as one of the major factors in fatal and injury crashes" and "particularly when it involves touching the screen".

"Taking your eyes off the road for two seconds, or more, doubles your crash risk," she explained.

"If you're travelling at just 60km/h and look at your phone for two seconds, you will have travelled for 33 metres. That's 33 metres where you're travelling blind," Cockfield stated.

The penalties
Although the penalties differ slightly from state to state in Australia, you may be fined and lose demerit points for holding your mobile phone while driving. All states and territories have ruled it illegal to use a mobile phone while driving to talk, text or any function whatsoever, such as; social media, email or gaming.

This also applies when the vehicle is stationary but in use, such as in a traffic jam or stopped at traffic lights or a stop sign.

Hands-free earbud and Bluetooth systems are typically legal in the eyes of the law (although you will need to confirm in the State or Territory in which you are driving). That said, a study by the Queensland University of Technology has evidence that even hands-free phone calls are dangerous, reducing the human brain’s ability to scan for risks.

In February 2012, the National Transport Commission made amendments to the Australian Road Rules to unify state road laws. The short version of those rules is that you cannot touch a mobile phone at any time while driving or stopped in traffic, unless it is "secured in a mounting affixed to the vehicle" or "the phone does not require the driver, at any time while using it, to press anything on the body of the phone or to otherwise manipulate any part of the body of the phone".

Most states adhere to this set of rules but there are still differences in demerit point penalties, fines and how the rules are interpreted.

Victoria has the highest mobile phone fine of $476 for general use, but Canberra has two separate offenses; one for talking ($447) and one for texting ($548). The Northern Territory has the lowest fine ($250)*.

Here's a rundown of the laws involving the use of mobile phones by fully licenced drivers when behind the wheel. Please note rules may differ for L and P-Platers. Our summary is correct effective March 31, 2018, however, as these rules do change you should check the current laws in the State or Territory in which you are driving. This article provides general information only and is not intended to constitute any advice and should not be relied upon as doing so.

Mobile phone laws across Australia

New South Wales
Law: Drivers can use any function of a phone but only if it's "in a cradle fixed to the vehicle and doesn’t obscure your view of the road" according to the NSW department of Transport. Voice control is allowed if the driver doesn't touch the device.

Penalty: $334 fine, $457 in a school zone, five demerit points
More at this link

Victoria
Law: Drivers can use a phone's audio functions only if it's in a fixed holder/cradle or if it can be "operated by the driver without touching any part of the phone", according to VicRoads. It cannot rest on any part of the driver's body either.

Penalty: $484 fine, four demerit points
More at this link

Queensland
Law: Drivers can use a smartphone only if it's in a fixed holder/cradle or by using a hands-free or Bluetooth system. A fixed phone holder "must not obscure your view of the road" according to Queensland Government, but "these mobile phone rules do not apply to CB radios or any other two-way radios."

Drivers in Queensland will also be fined if they have their phone on speaker setting — it must be a "wireless headset" or "hands-free".

Penalty: $400 fine, three demerit points (double demerit points apply for second or subsequent mobile phone offences committed by drivers within one year of an earlier offence)
More at this link

South Australia
Law: A phone in a fixed holder or cradle can be used "if a person wishes to make or receive a call" and hands-free or Bluetooth systems are okay too. Drivers can use headset or earbuds and "may touch the earpiece or headphone to operate the phone". The South Australian laws also state that it's illegal to "create, send or look at a text, video message or email on a mobile phone" while driving.

Penalty: Expiation fee, three demerit points
More at this link

Western Australia
Law: Drivers in WA can only touch a mobile phone "to receive and terminate a phone call" but only if it's in a cradle or holder attached to the vehicle. It can only be used hands-free or via Bluetooth to accept or terminate a call, although phone navigation systems are permissible if no touching of the screen or keypad is required.

Penalty: $400 fine, three demerit points
More at this link

Tasmania
Law: According to Transport Tasmania, mobile phone use is banned except to make or receive phone calls if it can be operated "without touching any part of the phone", such as hands-free or Bluetooth systems. Another exemption is when a phone is "secured in a commercially designed holder fixed to the vehicle", such as a phone dock or cradle.

Penalty: $300 fine, three demerit points
More at this link

Northern Territory
Law: The laws surrounding the use of mobile phones while driving in the NT are as follows: "You must not use a hand-held mobile phone while driving even if you are stopped at traffic lights."

Penalty: $500 fine, three demerit points
More at this link

Australian Capital Territory
Law: Drivers are permitted by law to make or receive calls and use navigation apps such as Google Maps on mobile phones while operating a vehicle if the phone is "securely mounted to the vehicle" for example in a cradle, or "via Bluetooth or voice activation", according to the Canberran government. However it is illegal for drivers to use their phone for texting, social media and "applications other than for navigational purposes".

Penalty: $447 fine, three demerit points (talking on hand-held phone)
Penalty: $548 fine, four demerit points (texting, internet/social media usage)
More: at this link

Share this article
Our team of independent expert car reviewers and journalistsMeet the team
Stay up to dateBecome a carsales member and get the latest news, reviews and advice straight to your inbox.
Disclaimer
Please see our Editorial Guidelines & Code of Ethics (including for more information about sponsored content and paid events). The information published on this website is of a general nature only and doesn’t consider your particular circumstances or needs.

If the price does not contain the notation that it is "Drive Away", the price may not include additional costs, such as stamp duty and other government charges.
Download the carsales app
    AppStoreDownloadGooglePlayDownload
    App Store and the Apple logo are trademarks of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC.
    © CAR Group Ltd 1999-2024
    In the spirit of reconciliation we acknowledge the Traditional Custodians of Country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.