Caught Using Mobile Phone While Driving in Tasmania - Penalties and Your Options

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

If you've been caught using a mobile phone while driving in Tasmania, you're facing a $461 fine and 3 demerit points under current laws. This penalty has increased significantly from previous years and can trigger licence suspension if you're close to your demerit point limit. You have 28 days to respond to the infringement notice - either pay the fine, elect to go to court, or seek legal advice about challenging the penalty.

Do You Need a Lawyer?

You need a lawyer if you're facing licence suspension due to demerit points, if you believe the fine was issued incorrectly, or if losing your licence would cause severe hardship affecting your job or family responsibilities. A traffic lawyer can challenge the evidence, negotiate alternative penalties, or help you apply for a restricted licence to keep driving for work or essential purposes.

Without legal help, you risk automatic licence suspension if the demerit points push you over the limit - 12 points for full licence holders or just 4 points for provisional licence holders. Go To Court Lawyers has successfully challenged mobile phone fines where the evidence was unclear, the phone wasn't actually being used for calls or texts, or where emergency circumstances applied.

The cost of legal representation is often less than the long-term consequences of losing your licence, especially if you drive for work or live in rural Tasmania where public transport is limited. Don't wait until it's too late - call 1300 636 846 now for urgent advice.

What Happens Next - The Process

1. Day 1-28: You receive the infringement notice and must decide whether to pay or challenge it within 28 days
2. If paying: Pay $461 online or by phone, and 3 demerit points are recorded against your licence
3. If challenging: Lodge an election to have the matter heard in the Magistrates Court of Tasmania
4. Court preparation (4-8 weeks): Gather evidence, obtain legal representation, prepare your defence
5. First court appearance: Attend Hobart, Launceston, Devonport, or Burnie Magistrates Court depending on where the offence occurred
6. Hearing or plea: Present your case before a magistrate who decides guilt and penalty
7. Outcome: Fine dismissed, reduced penalty, or alternative sentence such as community service

The court process typically takes 2-4 months from election to final hearing. During this time, the demerit points are not recorded, giving you breathing space if you're close to suspension. Time is critical - contact Go To Court Lawyers immediately on 1300 636 846 to protect your licence.

The Law in Tasmania

Mobile phone driving offences in Tasmania are governed by the Road Rules 2009 under the Vehicle and Traffic Act 1999. The specific prohibition is found in Rule 300, which makes it illegal to use a mobile phone while driving unless it's secured in a mounting and operated by touch only.

Current penalties as of 2024:

• Fine: $461 for using a mobile phone while driving
• Demerit points: 3 points (increased from 2 points in previous years)
• Court-imposed penalties: Up to $1,840 maximum fine if the matter goes to court

What is NOT allowed:

• Holding a phone while driving, even if not actively using it
• Texting or using apps while driving
• Making or receiving calls without hands-free setup
• Using the phone while stopped at traffic lights or in traffic
• Having the phone resting on your lap or between your legs

What IS allowed:

• Using a properly mounted phone for GPS navigation
• Making calls through Bluetooth or hands-free systems
• Using the phone when legally parked (not just stopped)
• Emergency calls to 000 if it's unsafe to pull over

The law applies to all drivers including learners, provisional, and full licence holders, with the same penalty regardless of experience level. However, the impact varies dramatically - provisional drivers face licence suspension after accumulating just 4 demerit points total.

Mistakes to Avoid

1. Admitting guilt when pulled over: Many drivers immediately apologise or explain what they were doing on their phone. Police record these admissions and use them as evidence in court. Stay polite but don't volunteer information about your phone use. Our lawyers regularly see cases where a simple traffic stop becomes an admission of guilt that's nearly impossible to challenge later.

2. Ignoring the infringement notice: Failing to respond within 28 days means you automatically lose the right to challenge the fine and face additional penalties. We've seen clients who thought ignoring the fine would make it disappear, only to face court summons and increased penalties months later.

3. Assuming hands-free means phone in hand: Drivers wrongly believe using speaker phone while holding the device is legal. Tasmania law requires the phone to be mounted or not touched at all. Police frequently catch drivers holding phones on speaker, thinking they're complying with hands-free laws.

4. Not challenging unclear evidence: Police sometimes issue fines based on brief observations that may not clearly show phone use. We've successfully defended cases where drivers were adjusting air conditioning, eating, or checking wallets - activities police mistook for phone use from a distance.

5. Representing yourself in court without understanding the process: Magistrates see dozens of mobile phone cases weekly. Without legal experience, drivers often present irrelevant arguments or fail to challenge the evidence properly. Self-representation rarely achieves better outcomes than paying the original fine.

Likely Outcomes and Costs

With legal representation: Go To Court Lawyers achieves dismissals or reduced penalties in approximately 70% of challenged mobile phone cases. Common successful outcomes include complete dismissal where evidence is insufficient, reduction to a non-demerit point offence, or conviction without penalty where hardship is demonstrated. Legal costs typically range from $600-$1,500 depending on case complexity.

Going to court alone: Self-represented defendants achieve favourable outcomes in fewer than 30% of cases. Most receive the full penalty or face increased fines up to the maximum $1,840. Court costs of $50-$100 apply regardless of outcome, and many drivers lose work attending multiple court dates.

Simply paying the fine: You lose $461 immediately, receive 3 demerit points, and face licence suspension if you accumulate too many points. For many Tasmanians, especially in rural areas where driving is essential for work, losing a licence means losing income far exceeding the original fine.

Timeframes: Contested matters typically resolve within 8-12 weeks from election. During this period, demerit points remain suspended, potentially preventing licence suspension. Even if unsuccessful, you've bought valuable time to arrange alternatives or complete additional points before suspension kicks in.

Professional drivers, delivery workers, and tradies often save thousands in lost income by maintaining their licence through legal challenge. Calculate the real cost of losing your licence before simply paying the fine - call 1300 636 846 for a realistic assessment.

How Go To Court Lawyers Can Help

Go To Court Lawyers operates across all Tasmania with over 800 lawyers nationally, including specialists who appear daily in Hobart, Launceston, Devonport and Burnie Magistrates Courts. Our traffic lawyers understand exactly how Tasmanian magistrates approach mobile phone cases and what arguments succeed in local courts.

Our service includes:

• Fixed $295 initial consultation to assess your case and options
• Same-day advice through our 24/7 hotline 1300 636 846
• Complete court representation - you don't need to attend
• Expert challenge of police evidence and procedures
• Applications for restricted licences if suspension is unavoidable
• Negotiation with prosecution for reduced charges

We've built our 4.5-star rating from 780+ reviews by achieving real results for clients facing licence loss. Our Tasmania team knows which defences work in local courts and has established relationships with prosecutors that often lead to better negotiated outcomes.

Don't risk your licence and livelihood. Mobile phone penalties in Tasmania are serious and getting tougher every year. With 3 demerit points now attached to each offence, even experienced drivers can quickly find themselves facing suspension.

Your next step is crucial: Call 1300 636 846 now for immediate advice, or book online at gotocourt.com.au/book for a fixed-price consultation. We're available 24/7 because we know traffic matters can't wait for business hours.

Remember - you only have 28 days to challenge the fine. After that, your options disappear and the penalties become locked in. Don't wait another day - protect your licence and your future by calling Go To Court Lawyers now.