Mobile Phones and Driving (WA)
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.
Legislation
Section 265 of the Road Traffic Code 2000 sets out the circumstances when a mobile phone may be used while driving.
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.
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).
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.
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.
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.
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.