By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- The fine: $434 and 5 demerit points ($577 in a school zone), and 10 points in double demerit periods. The same applies to camera and police fines.
- Learner and P drivers may not use a phone at all while driving, not even hands-free, for GPS or for music. One offence takes a learner or P1 driver over the 4-point limit.
- Full licence holders may only make or take calls, play audio or navigate, hands-free or by touching a phone in a fixed cradle. Holding the phone is illegal even at traffic lights.
- Phone detection cameras work day and night; every likely offence is checked by people before a fine is issued.
- Your options: name the driver if it was not you (camera fines), ask Revenue NSW for a review, or go to court before the reminder notice's due date. Phone offences cannot get a caution.
- For advice about a phone fine or the effect on your licence, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in NSW for a fixed $295.
In NSW, using a mobile phone illegally while driving carries a $434 fine and 5 demerit points ($577 in a school zone, and 10 points in double demerit periods); learner and P drivers may not use a phone at all while driving, and full licence holders may only make calls, play audio or navigate hands-free or with the phone in a fixed cradle.
Checked on 23 October 2026 against Revenue NSW's penalty notice data, Transport for NSW, the NSW Government's offence list, Revenue NSW's fines pages and Legal Aid NSW.
The fine and demerit points
| Offence (from 1 July 2026) | Fine | Demerit points |
|---|---|---|
| Using a mobile phone when not permitted (camera or police) | $434 | 5 (10 in double demerit periods) |
| The same in a school zone | $577 | 5 (10 in double demerit periods) |
| Learner or P driver using a mobile phone while driving | $434 ($577 in a school zone) | 5 (10 in double demerit periods) |
The fines are the amounts on penalty notices for offences from July to September 2026 in Revenue NSW's published penalty notice data, and match Transport for NSW's mobile phone page. They apply to camera-detected fines and to fines issued by NSW Police alike. A camera-detected phone notice issued to a company had a face value of $2,170 in the same data.
What you may and may not do
| Learner, P1 and P2 drivers | Full licence holders | |
|---|---|---|
| Calls, music, navigation on the phone | Not allowed at all while driving, even hands-free, in a cradle or resting on the body | Allowed only hands-free (such as Bluetooth) or by touching a phone secured in a fixed cradle, and only to make or take a call, play audio or use navigation |
| Holding the phone | Not allowed | Not allowed, even when stopped at traffic lights or in a traffic jam |
| Texts, email, social media | Not allowed | Only when parked out of the line of traffic |
| A GPS device that is not a phone | Allowed if mounted and not blocking the view | Allowed if mounted and not blocking the view |
- The cradle must be fixed to the vehicle as the manufacturer intended and must not block your view of the road ahead or to the sides.
- Phone wallets: any driver may use a phone wallet to pay, show a coupon or open a gate if the vehicle is stationary and off the road, such as in a car park, driveway or drive-thru.
- Your digital licence: only touch your phone to show it after a police officer asks you to.
- Passengers may use their phones, but the screen must not be visible to the driver from the driving position.
Phone detection cameras
- Fixed and transportable cameras operate day and night, in all weather, anywhere in NSW. Since 1 July 2024 they also enforce seatbelt offences.
- The review: software flags likely offences, then trained staff check the images (first the camera contractor, then Transport for NSW), and Revenue NSW makes the final decision before a fine is issued. If an offence cannot be proven, no fine is issued.
- Privacy: images the software rejects are permanently deleted, typically within an hour; images found not to show an offence are deleted within 72 hours.
Your options
| Option | When | What happens |
|---|---|---|
| Pay | By the due date | Demerit points are added when the fine is paid. |
| Name the driver (camera fines) | By the due date on the reminder notice (if you paid before a reminder, up to 90 days from service) | Required for demerit point offences if you were not driving; the fine and points move to the person named. Not available for a fine a police officer handed to you. |
| Ask for a review | Any time (if you paid before a reminder, within 60 days) | The fine is on hold, usually for about 21 days. Revenue NSW's caution guidelines exclude mobile phone offences, so a caution is not an outcome; the fine can still be withdrawn on other grounds, such as mistaken identity or a fine issued contrary to law. |
| Go to court | Before the due date on the reminder notice | No fee to apply. The Local Court decides; it can impose a higher fine, costs, a victims support levy and a conviction. |
| Pay by instalments | Any time | Weekly or fortnightly; no further action while you keep paying. |
For overdue fines and enforcement, see non-payment of fines in NSW.
Your licence
- Limits: 13 points on an unrestricted licence, 7 on a P2 licence and 4 on a learner or P1 licence, for offences within 3 years.
- Learner and P1 drivers: a single phone offence (5 points) is over the limit, so it brings a suspension.
- P2 drivers: a phone offence in a double demerit period (10 points) is over the 7-point limit.
- See demerit points in NSW for suspensions, good behaviour periods and appeals.
Free help in New South Wales
| Service | Number | Hours |
|---|---|---|
| LawAccess NSW (Legal Aid NSW) | 1300 888 529 | 9am to 5pm, Monday to Friday, excluding public holidays |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in New South Wales is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise whether to name the driver, seek a review or go to court, and on the effect on your licence if the points take you over your limit. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against Revenue NSW's penalty notice data for 2026-27 (offences July to September 2026); Transport for NSW's "Mobile phones" road safety page; the NSW Government's offence and penalty list (updated 4 September 2026) for demerit points; the NSW Government's (Revenue NSW) pages on requesting a review, naming the driver, going to court and paying by instalments; Legal Aid NSW's fines pages; and Transport for NSW on demerit points, on 23 October 2026.