Using a Mobile Phone While Driving (Vic)
Using a Mobile Phone While Driving (Vic)
In Victoria there are strict rules about how mobile phones may be used while a person is driving. These laws were further tightened in 2023, with the introduction of restrictions on the use of other mobile devices such as iPads and mobile phone detection cameras. This page outlines the laws on using a mobile phone while driving in Victoria.
Legislation
The laws on phone use while driving can be found in the Road Safety Act 1986, the Road Safety (Drivers) Regulations 2009, and the Road Safety Road Rules 2009.
Learner and provisional licence holders
A person driving on learner’s permit or on a P1 or P2 provisional licence in Victoria must not use a phone or any other mobile device while driving. These drivers are not even permitted to use a hands-free system while operating a vehicle. This includes when the vehicle is stationary but not parked in an authorised space – such as when stopped at lights.
If a driver on one of these licenses is caught using a device while driving, they will receive a fine and four demerit points. Once you accrue five demerit points, you will most likely have your licence suspended.
Using a phone while driving otherwise than in accordance with these rules is an offence punishable by a fine of 10 penalty units. The driver will also receive four demerit points.
Open licence holders
A person who is the holder of an open or full driver’s licence may use a mobile phone while driving in Victoria to make or receive a phone call, to use audio content, or to use GPS navigation if:
- the phone is securely mounted fixed to the vehicle while being used; or
- the phone is not being held by the driver and the driver does not touch the phone while using it.
A driver must not have video calls or send or receive text messages while driving, even when the vehicle is stationary.
Using a phone while driving otherwise than in accordance with these rules is an offence punishable by a fine of 10 penalty units. The driver will also receive four demerit points.
Motorcycle licences
A person on an open motorcycle licence is generally subject to the same rulesa round phone use as an open car licence holder.
However, if a person has had a motorcycle licence for less than three years, they must not use a mobile phone or other device for any function while riding, including when stationary unless parked in an authorised space.
Smartwatches
A person who is driving while wearing a Smartwatch must not use it for making or receiving telephone calls, sending or receiving text messages, navigation, video messaging, emailing, or accessing social media.
If you have an open driver’s licence, you may use your smartwatch:
- for playing music
- for making or receiving phone calls, or
- as a driver’s aid such as a navigational device,
but you must not:
- be wearing the watch at the time, or
- touch anything on the watch.
The watch may be secured in a commercially designed cradle attached to the vehicle.
Mobile phone detection cameras
Sinc July 2023, mobile phone detection cameras have been used in Victoria. These are cameras that are mounted on portable trailers and stationed roadside across the state.
The cameras use AI-assisted technology to detect possible offences involving phones and other devices. The footage is then subjected to human review before an infringement is issued.
Fighting a charge
If you have been fined for an offence involving using a device while driving, you can elect to have the matter dealt with by a court. At court, you will have the opportunity to enter a plea of not guilty and have the matter listed for a hearing. At the hearing, the court will hear evidence and view the camera footage, and listen to submissions.
There are a number of situation where it may be appropriate to contest a charge – including where the camera falsely identified an item as a phone where the item was actually something else, and where the person fined was not the driver.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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Michelle Makela has almost two decades of industry experience, coupled with a diverse academic background, and is committed to understanding the human side of law. Michelle holds a Juris Doctor, a Bachelor of Science (Psychology), and a Master of Criminology. She was admitted to legal practice in 2006. Over 19 years, Michelle has gained experience in commercial litigation, criminal law, family law, and estate planning. Her multidisciplinary background enables her to approach complex legal challenges strategically, compassionately and with an awareness of the big picture. Michelle leads the firm with integrity, sharp legal acumen, and dedication to delivering positive client experiences.
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