Mobile Phones and Driving (NSW)
On 1 July 2025, new laws about the use of mobile phones while driving came into force in New South Wales. The new laws involve increased fines and demerit points for illegal phone use in the car, as well as the use of enhanced surveillance through mobile phone detection cameras. This page outlines the law as it now stands around mobile phones and driving in New South Wales.
Legislation
The laws around mobile phone use while driving are set out in the Road Rules 2014. The Road Transport Act 2013 contains provisions about the admissibility of photographs taken by traffic enforcement devices for the purpose of prosecuting offences concerning mobile phones and driving.
Learners P1 and P2 drivers
A person who is on a learner’s permit, a P1 licence or a P2 licence in New South Wales must not use a mobile phone while driving for any purpose, including while the vehicle is stationary on the road.
This means that a person who is driving but not on a full licence must not use a phone, even if it is hands-free or in a phone holder.
The use of a phone by a learner or a driver on a P1 or P2 licence in any other way while driving is an offence punishable by a fine of 20 penalty units under section 300-1 of the Road Rules 2014.
Full licence drivers
A person who is on a full licence in New South Wales may use a phone while driving if it is hands-free for the following:
- to make or receive calls
- to play audio content
A person who is on a full licence in New South Wales may use a phone that is in a phone holder for the following purposes:
- to make or receive calls
- to play audio content
- as a driver’s aid – for example, to use maps and navigation tools.
Phones must not be used to send text messages, conduct video calls, use social media, search the internet or take photos. A driver must not hold a phone in their hand or on any part of their body while driving.
The use of a phone by a full licence driver in any other way while driving is an offence punishable by a fine of 20 penalty units under section 300 of the Road Rules 2014.
Exceptions
Drivers are allowed to use their phone to show their digital ID to a police officer, or to complete transactions in areas such as driveways and drive throughs when the vehicle is stationary.
Demerit points
A person caught using a mobile phone illegally while driving will incur 5 demerit points. When double demerit points apply, they will incur 10 demerit points.
Double demerit points apply during specific holiday periods in New South Wales, including the Christmas/New Year period.
Surveillance
There are mobile phone detection cameras in NSW that target illegal phone use by drivers. These are fixed or portable devices designed to photograph all passing vehicles, to use AI technology to detect whether the driver is holding a phone, and to flag possible offences for human review prior to issuing a penalty.
The evidence collected from these cameras can be used to issue on-the-spot fines and to prosecute matters in court, if the charge is contested.
Challenging an offence
If you receive an infringement for illegal phone use while driving and you believe you are not guilty of the offence, you can elect to have the matter dealt with by a court. At court, you will be able to indicate that you want to plead not guilty and the matter will be adjourned for a contested hearing.
At the hearing, you can challenge the camera evidence and give evidence in your defence. Cases where this may be appropriate include where the camera has mistakenly identified you as holding a phone, when you were actually holding something else, or if the person in the footage is not you.
Conclusion
The use of mobile phones while driving is one of the most common driver behaviours that threatens road safety. Mobile phone detection cameras now operate day and night in New South Wales and drivers face harsh penalties for even the slightest lapse in adhering to the road rules as they affect the use of phones while driving.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.
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