Need a Criminal Law lawyer in WA?
Speak to a qualified local lawyer today. Free 24/7 hotline or book a $295 consultation.
Western Australia, like other states and territories, has very strict rules about mobile phone use while driving. Using a phone while driving, other than under very strict conditions, is a criminal offence that can attract a hefty fine and demerit points. This page outlines the laws on mobile phones and driving in WA.
The Western Australian government has implemented these stringent mobile phone driving laws to reduce road accidents and improve driver safety. With mobile phone-related crashes becoming increasingly common, understanding these regulations is crucial for all drivers operating vehicles on WA roads.
Legislation
Section 265 of the Road Traffic Code 2000 sets out the circumstances when a mobile phone may be used while driving.
Road Traffic Code 2000 Framework
The Road Traffic Code 2000 (WA) provides the comprehensive legal framework governing mobile phone usage while driving in Western Australia. This legislation works in conjunction with the Road Traffic (Administration) Act 2008 to establish clear boundaries for what constitutes lawful and unlawful mobile phone use behind the wheel.
Learners, probationary licences and full licences
In WA, unlike in other jurisdictions, the laws on mobile phone use while driving are the same regardless of whether the driver is a learner, a probationary licence holder or a full licence holder. This uniform approach means that all drivers face the same restrictions and penalties, emphasizing the serious safety concerns associated with distracted driving across all experience levels.
Permissible phone use
A driver may use a phone while a vehicle is moving (or stationary but not parked) if:
- the phone is being used to make or receive an audio call and the phone is secured in a mounting affixed to the vehicle, or not being held or physically manipulated by the driver; or
- the phone's visual display is being used as a driver's aid and is not being physically manipulated by the driver; or
- the vehicle is an on-demand vehicle (like a taxi or Uber) and the phone is being used to accept, confirm or cancel a booking while secured in a mounting if they are not in a restricted area (such as a school zone or freeway).
Hands-free operation requirements
For mobile phone use to be legal while driving, the device must be operated in a completely hands-free manner. This means drivers can use voice activation, Bluetooth connectivity, or touch the screen only when the phone is properly mounted. The mounting must be commercially manufactured and securely attached to the vehicle, not simply placed in a cup holder or on the dashboard.
Driver aid functions
Mobile phones can serve as legitimate driver aids when used correctly. This includes GPS navigation systems, speed monitoring applications, and other traffic-related tools. However, drivers must set up these functions before commencing their journey and avoid manipulating the device while driving.
What is not allowed?
It is never permitted for a driver to use a phone for text messaging, video calling, social media, internet searching or use of applications while driving.
Prohibited activities
Western Australian law strictly prohibits numerous mobile phone activities while driving, including:
- Sending or reading text messages, emails, or instant messages
- Making or receiving video calls
- Browsing social media platforms like Facebook, Instagram, or TikTok
- Playing games or using entertainment applications
- Taking photos or recording videos
- Accessing the internet for any purpose
- Holding the phone in your hand for any reason while driving
Illegal use of phone
Using a mobile phone in any other way while driving is an offence. This offence is punishable by a fine of 10 penalty units. The driver will incur 3 demerit points, or 6 demerit points if the offence occurs during a holiday period.
Financial penalties
The current penalty unit value in Western Australia means that illegal mobile phone use while driving can result in significant financial consequences. These fines are designed to serve as a strong deterrent and reflect the serious safety risks associated with distracted driving.
Demerit point system
The demerit point penalties for mobile phone offences can have lasting consequences on a driver's licence status. Accumulating too many demerit points within a specific period can result in licence suspension, making it crucial for drivers to understand and comply with mobile phone laws.
Advanced safety cameras
Since January 2025, WA has been rolling out the use of AI-powered cameras mounted to trailers to detect risky driver behaviour, including mobile phone use, seatbelt violations and speeding.
The cameras use AI-powered technology to detect possible driving offences. When a possible office is detected, the footage is reviewed by personnel, and a decision is made as to whether to issue an infringement.
In the first six months that the cameras were used, they detected 130,000 offences. However, the cameras have been criticised for being highly visible, even from a distance.
The cameras are used in metropolitan areas as well as in regional zones.
Technology and enforcement
These advanced camera systems represent a significant step forward in traffic law enforcement technology. The AI-powered detection capability allows for 24/7 monitoring of driver behavior, significantly increasing the likelihood of detection and prosecution for mobile phone offences.
Penalties and court proceedings
Infringement notices
Most mobile phone driving offences in Western Australia are dealt with through infringement notices issued by police or detected by camera systems. Recipients have the option to pay the fine or elect to have the matter heard in court, where they may present a defence or seek to have penalties reduced.
Court appearances
Drivers who choose to contest mobile phone charges will need to appear in the Magistrates Court of Western Australia. Legal representation is highly recommended, as traffic lawyers can help navigate the legal process and potentially achieve better outcomes than self-representation.
Defences and legal considerations
Emergency situations
Western Australian law recognises that emergency situations may require drivers to use mobile phones. However, these circumstances are strictly limited and must be genuine emergencies where calling 000 or similar emergency services is necessary.
Technical defences
Various technical defences may be available depending on the circumstances of the alleged offence. These might include challenging the accuracy of detection equipment, questioning whether the vehicle was actually in motion, or demonstrating that the phone use fell within legal parameters.
Free legal hotline — live now
Need a Criminal Law lawyer in WA?
Speak to a qualified local lawyer now — free 24/7 hotline, no obligation.