Mobile Phones and Driving (ACT) 

In the ACT, as in other states and territories, there are strict laws about the use of mobile phones and other devices while driving. The ACT also now uses mobile phone detection cameras to detect these offences. This page outlines the law as it currently stands in the ACT with respect to mobile phone use while driving.

Understanding these mobile phone driving laws is crucial for all ACT drivers, as violations can result in significant penalties including hefty fines, demerit points, and potential licence suspension. With the increasing prevalence of smartphone technology and the temptation to stay connected while behind the wheel, it's more important than ever to understand what constitutes legal and illegal mobile phone use while driving.

Legislation

The rules on mobile phone use while driving in the ACT are set out in the Road Transport (Road Rules) Regulation 2017.

Specifically, Rule 300 of the Road Transport (Road Rules) Regulation 2017 governs the use of mobile phones by drivers. This comprehensive legislation defines what constitutes proper use of communication devices while operating a motor vehicle and establishes clear distinctions between different licence categories.

The regulation is regularly updated to keep pace with advancing technology and changing driving behaviours. It forms part of the broader road safety framework designed to reduce accidents and save lives on ACT roads.

Learners and provisional drivers

A person who is on a learner's permit or a provisional licence must not use a mobile phone while driving unless the device is secured in a mounting affixed to the vehicle or does not require the driver to touch the device AND the device is being used:

• as a driver's aid, such as for GPS navigation
• to listen to audio content.

A learner or provisional driver who uses a phone in any other way while driving commits an offence punishable by a fine of 20 penalty units.

Restrictions for novice drivers

The stricter rules for learner and provisional licence holders reflect the higher risk associated with inexperienced drivers. These drivers are prohibited from making or receiving phone calls while driving, even with hands-free technology, as any form of phone conversation can be a significant distraction for someone still developing their driving skills.

Novice drivers must ensure their mobile phone is completely secured in a commercial mounting system that is properly affixed to the vehicle. The phone cannot be held in any way, and all interactions must be through voice commands or pre-programmed settings established before commencing the journey.

Full-licence drivers

A person who is on a full licence may use their phone while driving under limited circumstances.

A full licence holder may use a phone that is secured in a mounting fixture to receive or make calls while driving, or to use a driver's aid such as GPS navigation.

A full licence holder may use a phone that they are not holding and that does not require them to touch the phone in any way while driving.

A full licence holder who uses a phone while driving contrary to these rules commits an offence punishable by a fine of 20 penalty units.

Permitted activities for full licence holders

Full licence holders have more flexibility in their mobile phone usage while driving, but must still adhere to strict safety protocols. They may make and receive calls provided the phone is mounted and can be operated without physical contact. Additionally, they can use GPS navigation systems and access audio functions such as music streaming or podcasts.

However, activities such as texting, browsing social media, taking photos, or any function requiring visual attention or manual manipulation remain strictly prohibited for all drivers regardless of licence type.

Phone-detecting cameras

Since 2023, the ACT has utilised phone-detecting cameras to try to eliminate accidents caused by driver distraction.

The cameras use AI-powered imaging to capture drivers using mobile devices illegally. Footage of possible offences is then reviewed by humans and a decision made as to whether to issue an infringement.

Footage that does not reveal a possible offence is immediately deleted in the interest of privacy.

How detection technology works

The sophisticated camera systems can identify when drivers are holding mobile phones or other electronic devices. These high-resolution cameras operate in various weather conditions and can capture clear images through vehicle windscreens. The technology represents a significant advancement in traffic enforcement and serves as both a deterrent and detection method.

The human review process ensures accuracy and reduces false positives, with trained operators examining each potential violation before issuing penalties. This two-stage process maintains fairness while effectively catching violations that might otherwise go undetected.

Demerit points

A person found guilty of using a phone illegally while driving in the ACT will incur 3 or 4 demerit points, depending on the circumstances. If the phone was used for text messaging, social media, using apps or accessing the internet, 4 demerit points will be accrued. If the phone was being used or held for any other purpose, 3 demerit points will accrue.

Impact on driving record

Demerit points remain on a driver's record for three years from the date of the offence. Accumulating too many demerit points can result in licence suspension, with learner and provisional drivers facing suspension at lower point thresholds than full licence holders. The consequences extend beyond immediate penalties, potentially affecting insurance premiums and employment opportunities for professional drivers.

Penalties and fines

Mobile phone driving offences in the ACT carry substantial financial penalties. With 20 penalty units applying to most mobile phone violations, drivers face significant costs that reflect the serious nature of distracted driving. The penalty unit value is periodically adjusted, meaning fines increase over time to maintain their deterrent effect.

Additional consequences

Beyond immediate fines and demerit points, mobile phone driving convictions can have lasting impacts. Professional drivers may face employment consequences, while repeat offenders risk licence disqualification. Court appearances may be required for serious or repeated violations, potentially resulting in additional legal costs and more severe penalties.

Legal defences and exceptions

While mobile phone driving laws are strict, certain legal defences may apply in specific circumstances. Emergency situations where a driver needs to contact police, ambulance, or fire services may provide grounds for defence, particularly when stopping safely is not immediately possible.

Challenging mobile phone charges

Drivers who believe they have been incorrectly charged may have grounds to contest the allegation. This might include situations where the device was not actually a mobile phone, where the vehicle was not being driven at the time, or where technical issues with detection equipment occurred. Legal representation can be crucial in effectively challenging these charges and protecting driving records.

Frequently Asked Questions

Can I use my phone while stopped at traffic lights?

No, you cannot use your mobile phone while stopped at traffic lights or in traffic. The law applies whenever you are in control of a vehicle on a road, regardless of whether the vehicle is moving. You are only permitted to use your phone when legally parked, with the engine turned off.

What happens if I'm caught using my phone while driving in the ACT?

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