Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm
1800 001 212

Driving & Traffic

5. Using Mobile While Drivimg

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
    5. Using Mobile While Drivimg
  • It is illegal for the driver of a vehicle to use mobile phone or other mobile device if
    • the vehicle is moving; or
    • the vehicle is stationary but not parked.
  • An example of being stationary but not parked includes being stopped at traffic lights.
  • Mobile phone use includes a broad range of behaviour such as
    • talking on the phone with your speaker on or off;
    • using the SMS or text message service including
      • sending messages;
      • receiving messages; or
      • reading messages;
    • accessing the internet via your mobile phone; and
    • turning the phone ‘on’ or ‘off’.
  • The penalty is a fine and loss of demerit points.
  • If you have been issued with an infringement notice for mobile phone use you can either pay the fine or elect (choose) to have the matter dealt with by a court.
  • There are ‘hands free’ devices that can be installed in your car that allow you to legally use your mobile phone.
  • It is legal to use your mobile phone if:
    • your vehicle is parked;
    • your phone is mounted to your vehicle; or
    • you can operate your phone without touching the screen via bluetooth or voice recognition.
  • You need to check the rules in your state or territory to make sure you comply with the correct rules. 

View more Information on Criminal Law

Connect with a Lawyer