Mobile Phones and Driving (SA)

In South Australia, there are strict rules about the use of mobile phones while driving. These rules differ depending on the class of licence the driver holds, and violations can result in significant penalties including fines and demerit points. Understanding these mobile phone driving laws is crucial for all South Australian drivers to avoid costly infringement notices and maintain road safety. This page outlines the comprehensive law on mobile phones and driving in South Australia, including penalties, detection methods, and your legal rights.

Legislation

The rules about mobile phones and driving are set out in the Road Traffic Act 1961 and the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014. These laws form part of South Australia's comprehensive road safety framework and are regularly updated to address emerging technologies and driving behaviours.

The legislation specifically addresses different categories of drivers, recognizing that inexperienced drivers face greater restrictions. The Australian Road Rules also influence South Australian mobile phone laws, ensuring consistency across jurisdictions while allowing for state-specific enforcement measures.

Learners and provisional drivers

A driver on a learner's permit or provisional licence must not use a phone for any purpose while driving. This complete prohibition reflects the higher risk associated with inexperienced drivers and the need to eliminate all potential distractions.

Exceptions for L and P plate drivers

The only exception to this rule is the use of a phone to pay for goods or services in a road-related area - such as a carpark or drive through. This narrow exception recognizes the practical need for contactless payments in certain driving-related scenarios.

Penalties for learner and provisional drivers

A driver who contravenes this rule may be fined up to $2500. This substantial penalty reflects the seriousness with which South Australian authorities treat mobile phone violations by inexperienced drivers. The penalty applies regardless of whether the phone use caused an accident or dangerous driving incident.

Full licence holders

A driver on a full licence must not use a phone while driving unless specific conditions are met. These conditions recognize that experienced drivers may safely use certain phone functions when proper precautions are taken.

Permitted uses for full licence holders

• the phone is being used to make or receive calls and is secured in a mounting fixed to the vehicle, or not secured in a mounting device but not being held or manipulated in any way by the driver; or
• the phone is being used as a driver's aid (for example, to use GPS navigation) and is secured in a mounting fixed to the vehicle and not being held or manipulated in any way by the driver.

These permissions require that the phone either be completely hands-free or securely mounted. Voice activation and Bluetooth connectivity are encouraged methods for safe phone use while driving.

Penalties for full licence holders

A driver who contravenes this rule may be fined up to $2500. The penalty is the same regardless of licence type, emphasizing that mobile phone safety is a priority for all drivers on South Australian roads.

Phone use never permitted while driving

It is never permitted for a driver to use a mobile phone while driving to use text messaging, to conduct video calls, or to use the internet. It is also never permissible to use a handheld phone while driving.

Prohibited activities

Specific prohibited activities include sending or reading text messages, emails, or social media posts, taking photos or videos, playing games, browsing the internet, or holding the phone for any purpose. These restrictions apply to all drivers regardless of licence type and cannot be overcome through mounting or hands-free devices.

Demerit points

A driver who contravenes the laws about phones and driving in South Australia will incur 3 demerit points. These points remain on your driving record and contribute to licence suspension if you accumulate too many points within the specified timeframe.

For drivers on learner or provisional licences, demerit points carry additional consequences as these licence types have lower point thresholds before suspension occurs. Professional drivers should be particularly aware that demerit points may also affect their commercial driving privileges.

Phone detection cameras

In South Australia, AI-powered technology is used to detect possible offences. This technology represents a significant advancement in traffic enforcement and can detect mobile phone use even in heavy traffic conditions.

How detection cameras work

Phone-detecting cameras are installed at various locations across Adelaide. The cameras capture high-resolution images of drivers to detect illegal mobile phone use. The artificial intelligence system can identify when a driver is holding or manipulating a mobile device, even distinguishing between phones and other objects.

Review process

Where an offence is detected by the software, the footage is reviewed by authorised personnel prior to a decision being made as to whether to issue an infringement. This human verification process ensures accuracy and reduces the likelihood of false positives in the detection system.

Legal consequences and court proceedings

Mobile phone driving offences in South Australia can escalate beyond simple infringement notices, particularly in cases involving accidents or repeat offences. Understanding the legal process is essential for anyone facing these charges.

Court attendance requirements

Some mobile phone driving offences may require mandatory court attendance, especially if they involve aggravating circumstances such as dangerous driving or if they occur in school zones. Courts take these matters seriously and may impose penalties beyond the standard fine and demerit points.

Prevention and compliance strategies

The best approach to mobile phone driving laws is prevention through proper preparation and technology use. South Australian drivers can take several practical steps to ensure compliance while maintaining connectivity.

Safe phone use recommendations

Install a compliant phone mounting system, set up Bluetooth connectivity before driving, use voice-activated controls wherever possible, and plan routes using GPS before commencing your journey. Consider activating "do not disturb while driving" modes available on most smartphones.

Contesting a charge

If you receive an infringement for mobile phone use while driving and believe that you are not guilty of the offence, you can elect to have the matter dealt with by a court. In court, you can plead guilty and tell the court the circumstances of the offence or plead not guilty and have the matter set down for a hearing.

Charges relating to mobile phone use while driving are sometimes contested on the basis that the person charged was not the driver, or that the item detected by the camera was not a phone. Other common defenses include arguing that the phone was being used for an emergency call to police, fire, or ambulance services, or that the device was being used in a permitted manner.

At a hearing, the court will decide if the offence has been proven after hearing evidence and submissions. If you are found guilty, it will impose a penalty, which may be greater than the infringement. If you are found not guilty, the matter will be dismissed.

Frequently Asked Questions

Can I use my phone's GPS navigation while driving in South Australia?

Full licence holders