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. This page outlines the law on mobile phones and driving in South Australia.
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.
Learners and provisional drivers
A driver on a learner’s permit or provisional licence must not use a phone for any purpose while driving.
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.
A driver who contravenes this rule may be fined up to $2500.
Full licence holders
A driver on a full licence must not use a phone while driving unless:
- 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.
A driver who contravenes this rule may be fined up to $2500.
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.
Demerit points
A driver who contravenes the laws about phones and driving in South Australia will incur 3 demerit points.
Phone detection cameras
In South Australia, AI-powered technology is used to detect possible offences.
Phone-detecting cameras are installed at various locations across Adelaide. The cameras capture images of drivers to detect illegal mobile phone use. 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.
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.
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.
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.