Mobile Phones and Driving (NT)
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. This page outlines the law on mobile phones and driving in the NT.
Legislation
The Traffic Regulations 1999 set out the road rules in the NT, including the rules for mobile phone use while driving.
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.
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 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.
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.
The driver will also incur 3 demerit points.
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.
A person who breaches these rules commits an offence. 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.
Electing to go to court
When a person receives a traffic infringement notice, they may elect to have the matter dealt with by a court instead of simply paying the fine.
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.
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.
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.