Mobile Phones and Driving (NT)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

Like all Australian states and territories, the Northern Territory has strict rules about how a mobile phone may be used while driving. However, in the NT, the rules on phone use are stricter and the penalties that apply are tougher than many other jurisdictions. The Northern Territory takes road safety seriously, with mobile phone-related driving offences carrying significant financial penalties and demerit points that can impact your licence. This page outlines the comprehensive law on mobile phones and driving in the NT, including specific requirements for different licence types, penalties, and your legal options.

Legislation

The Traffic Regulations 1999 set out the road rules in the NT, including the rules for mobile phone use while driving. This legislation forms the foundation of Northern Territory road safety laws and is regularly updated to address emerging technologies and safety concerns.

The Australian Road Rules have been adopted by the NT and make up Schedule 3 of the Traffic Regulations 1999. Section 300 of that Schedule sets out when phones may be used while driving, providing detailed guidance on permissible phone use while operating a motor vehicle.

Legislative Framework

The Northern Territory's approach to mobile phone legislation reflects a commitment to reducing distracted driving incidents. The Traffic Act 1987 works in conjunction with the Traffic Regulations 1999 to create a comprehensive legal framework. These laws are enforced by NT Police and apply to all public roads, including highways, suburban streets, and parking areas that constitute marked lanes of traffic.

Learners and provisional drivers

Under section 15A of the Traffic Regulations 1999, a person who is on a learner's permit or provisional licence must not use a phone while driving unless the vehicle is stationary and in a place that is not a marked lane or line of traffic on a road. This restriction recognises that novice drivers require their full attention on the road without any technological distractions.

This means that a learner or provisional driver may use a phone if the vehicle is stopped but not parked in a car park; however, they may not do so while stationary on a road – for example, while in a traffic jam or at traffic lights.

Penalties for Learner and Provisional Drivers

The maximum penalty for using a mobile phone while driving on a learner's permit or provisional licence is a fine of 20 penalty units, or imprisonment for six months. This severe penalty reflects the NT's zero-tolerance approach to phone use by inexperienced drivers.

The driver will also incur 3 demerit points, which can quickly accumulate toward licence suspension for learner and provisional licence holders who have lower demerit point thresholds than full licence holders.

Full licence holders

Full licence holders in the Northern Territory have more flexibility in their mobile phone use while driving, but must still comply with strict safety requirements. The law recognises that experienced drivers may need to use their phones for legitimate purposes while maintaining road safety.

Permitted Uses for Full Licence Holders

A full licence holder may use a phone while driving if:

• the phone is being used to make or receive an audio call and is secured in a mounting affixed to the vehicle or not being held or physically manipulated by the driver; or
• the phone is being used as a driver's aid and is secured in a mounting affixed to the vehicle or not being held or physically manipulated by the driver; or
• the vehicle is an emergency vehicle or police vehicle; or
• the driver is exempt under another NT law.

Penalties for Full Licence Holders

A person who breaches these rules commits an offence under the Traffic Regulations 1999. The maximum penalty a court can impose for this offence is a fine of 10 penalty units. However, when the matter is dealt with by infringement notice, the standard penalty is a fine of $500. The driver will also incur 3 demerit points, which applies toward the 12-point threshold for full licence holders.

What Constitutes Illegal Phone Use

Understanding what activities are prohibited while driving is crucial for all NT drivers. The law extends beyond simply making phone calls and encompasses various forms of mobile device interaction.

Prohibited Activities

Illegal mobile phone use while driving includes texting, emailing, using social media, taking photos or videos, playing games, or any activity that requires holding or physically manipulating the device. Even briefly picking up a phone to check the time or glance at notifications constitutes an offence.

Touch and Brief Interaction

The legislation specifically addresses brief interactions with mobile phones. Even touching a phone screen to answer or end a call is prohibited unless the device is properly mounted and the interaction is brief and does not require sustained attention away from driving.

Enforcement and Detection

Northern Territory Police employ various methods to detect mobile phone use while driving, including traditional traffic patrols, mobile phone detection cameras, and unmarked police vehicles. The NT has invested in advanced technology to identify drivers illegally using mobile phones.

Mobile Phone Detection Technology

The Northern Territory utilises sophisticated camera systems that can detect when drivers are using mobile phones illegally. These systems use artificial intelligence to identify phone use and capture evidence that can be used in court proceedings. The technology can operate in various weather conditions and at different times of day.

Police Powers

Police officers have the authority to issue infringement notices for mobile phone offences and may request to examine a driver's phone usage records if necessary. Officers are trained to identify various forms of distracted driving behaviour and can issue penalties accordingly.

Electing to go to court

When a person receives a traffic infringement notice for mobile phone use while driving, they have the legal right to elect to have the matter dealt with by a court instead of simply paying the fine. This option provides drivers with the opportunity to present their case before a magistrate and potentially achieve a different outcome.

This may be appropriate where the driver believes that they are not guilty of the offence (for example, someone else was driving), or where they had strong mitigating circumstances that they would like considered before a penalty is imposed. Common defences include mistaken identity, emergency situations, or technical issues with detection equipment.

Court vs Infringement Notice Outcomes

In some cases, a person may receive a lesser penalty if they go to court. This will occur where a person receives an infringement for using a phone while driving on a full licence, as the maximum court-issued fine is less than the amount fined when the matter is dealt with by infringement.

However, going to court may be time-consuming and stressful. If you have legal representation, you may also incur further costs. A person who receives an infringement notice for using a phone while driving on a learner or probationary licence faces the same fine in court as via infringement.

Legal Representation Benefits

Having experienced legal representation can significantly improve your chances of a successful outcome when contesting a mobile phone driving offence. Lawyers specialising in traffic law understand