Mobile Phones and Driving Laws

Penalties for using Mobile Phone in Car.

Most people are aware that it is illegal to use a Mobile Phone when driving, but the definition of “using” a mobile phone is more open ended than some people think.

Just touching your mobile phone is enough to get fined, unless your car is stationary, and the handbrake is on, or the car is in Park, maybe both ??

And how much does it cost if you get caught ?

2020 Updated penalties:

First Offence: $1,000 penalty plus 4 points.
Second offence in 12 months : $1,000 plus 8 points = loss of licence caused by reaching 12 points total.

Original Penalties:

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  • In New South Wales the penalty is $253 and 3 points
  • In Queensland the penalty is $400 and 3 points
  • In South Australia the penalty is a fine and 3 points
  • In Victoria the penalty is $239 and 3 points
  • In Western Australia the penalty is $250 and 3 points

There is a lot of disagreement over some aspects of the law on mobile phones, as it appears that you can hold a GPS whilst driving, but you cannot use the GPS on your mobile phone, simply because it is also a telephone.

In Queensland, Learner and P1 provisional drivers under 25 must not use hands-free, wireless headsets or a mobile phone’s loudspeaker function. Passengers are also banned from using a mobile phone’s loudspeaker function, while with a Learner or P1 provisional driver.







Rule 300 (Use of Mobile Phones) under the Australian Road Rules states that:

  • If a person wishes to make or receive a call, including dialing a number, and needs to touch any part of the phone to do so, that phone must be mounted (in a mounting commercially designed and manufactured for that purpose).
  • If the phone is being used via blue tooth, a headset or earphones without touching, holding or resting the phone on their body, the phone may be located anywhere in the vehicle, including in the driver’s pocket or pouch they are wearing (the driver may touch the earpiece or headphone to operate the phone).
  • The amendment will not affect the driver’s freedom to hold the phone to make or receive calls, or use any other function of the phone, if the car is parked (but not stationary in a traffic queue or at lights).
  • It is an offence to create, send or look at a text, video message or email on a mobile phone.
  • “Mobile Phone” does NOT include a CB radio or any other two-way radio.
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