Mobile phones

Mobile phones and driving

Driving is a complex task. Anything that takes your mind or eyes off the road, or your hands off the wheel impacts the safety of everyone on the road.  

Being distracted increases your chances of having a crash. It slows down your reaction time and puts you in danger of failing to see pedestrians, bicycle riders or other road users and hazards such as traffic lights and stop signs. 

Don't be tempted to use your mobile phone illegally while driving

  • Full licence holders may use a mobile phone cradle/Bluetooth fitted in their vehicle.  
  • Get a passenger to answer your messages/calls.  
  • Put your phone on silent or activate the ‘do not disturb while driving’ function.
  • Divert your calls to voicemail.  
  • Pull over when and where it’s safe and legal to do so.
  • Learner and provisional drivers are not allowed to use a mobile phone while driving.  

 

Know the rules

Using a mobile phone legally can still be distracting. Consider the traffic conditions before using your phone.

Get the facts

Learner, P1 and P2 drivers

Can I use my phone to make a call, use GPS or listen to music?

No. Learner and provisional licence holders aren't permitted to use their phone at all while driving or riding.  

This applies regardless of whether the phone is being handled, resting on any part of the body, secured in a cradle or used hands-free (i.e. via Bluetooth). None of these uses are permitted.  ​​​​

Can I use a GPS device that isn't a phone?

Yes. All drivers are permitted to use a GPS device that isn't a mobile phone, as long as the device is mounted to the vehicle and doesn't obscure the driver’s view of the road.  

If I have a Digital Driver Licence and I’m pulled over by NSW Police, when is it OK to pick up my phone to show my licence?

You can only handle and use your mobile phone to access your Digital Driver Licence after a police officer has asked you to do so. It’s illegal to touch your phone before a police officer instructs you to do so. For more information on the Digital Driver Licence, visit the Service NSW website.  

Can I access my mobile phone wallet functions if my vehicle is stationary and off the road? 

Yes, if you need to use a mobile phone wallet function to make a transaction, show a coupon or access an area, then you may do so as long as your vehicle is stationary and off the road, such as in a carpark, driveway or drive-thru.

Fully licensed drivers 

Can I hold and use my phone? 

No. It’s illegal to hold and use your phone while stationary at traffic lights or stuck in traffic 

Can I touch my phone if it is in a cradle?  

If your phone is secured in a cradle, you can only touch your phone:  

  • to make or receive a phone call  
  • for audio playing functions 
  • for using a driver’s aid (such as navigation).  

The cradle (also known as a mounting) must be fixed to the vehicle in a manner intended by the manufacturer. It must not obscure your view of the road (in front and to each side). Find out more in our Windscreen mounted phones and GPS Fact Sheet (PDF, 55.87 KB).

What do I need to do to use other functions of my mobile phone (e.g. texting, emailing, social media)?

If you'd like to use your phone for any of these functions, your vehicle must be parked out of the line of traffic. 

Is it illegal for a passenger sitting in the front seat to use their phone?

The Road Rules don't restrict passengers from using a mobile phone. However, if a passenger is using a mobile phone, the screen of the phone mustn't be visible to the driver from the normal driving position.  

If I have a Digital Driver Licence and I’m pulled over by NSW Police, when is it OK to pick up my phone to show my licence?

You can only handle and use your mobile phone to access your Digital Driver Licence after a police officer has asked you to do so. It’s illegal to touch your phone before a police officer instructs you to do so. For more information on the Digital Driver Licence, visit the Service NSW website.  

Can I access my mobile phone wallet functions if my vehicle is stationary and off the road? 

Yes, if you need to use a mobile phone wallet function to make a transaction, show a coupon or access an area, then you may do so as long as your vehicle is stationary and off the road, such as in a carpark, driveway or drive-thru.

What's the penalty for being caught for illegal mobile phone use?  

The fine for illegal mobile phone use is $387, or $514 if detected in a school zone. There's also a penalty of 5 demerit points for illegal mobile phone use, which increases to 10 demerit points during double demerit periods.  

These fines and demerit point penalties apply to both camera-detected offences and infringements issued by NSW Police. 

Mobile phone detection cameras

Mobile phone detection cameras (fixed and transportable) target drivers illegally using a mobile phone across NSW anywhere, anytime. 

How is privacy protected?

We, together with Revenue NSW, have strict obligations to ensure the personal information of NSW road users is protected in accordance with statutory requirements. 

We continue to consult the NSW Privacy Commissioner to ensure compliance with privacy principles. 

The program ensures only the minimum amount of data required to detect and enforce offences is retained. 

Images that do not contain evidence of an offence are permanently and irretrievably deleted, typically within an hour. 

In common with all NSW traffic camera enforcement systems, strict data security measures are included in the scope of requirements for the program. 

 

Frequently asked questions

How does the technology work?

The mobile phone detection camera system has a number of cameras and an infra-red flash to capture clear images of passing vehicles in all traffic and weather conditions. 

Artificial intelligence software automatically reviews images and detects potential offending drivers. It excludes images of non-offending drivers from further action. 

Images that are likely to contain a mobile phone offence are then verified by trained personnel. Images rejected by the artificial intelligence are permanently and irretrievably deleted, typically within an hour of detection. 

Both fixed and transportable versions of the cameras use the same camera technology. 

How are the images reviewed? 

Images of potential offending drivers go through several stages of human review before a fine is issued. 

Images of possible offences are first verified by the vendor delivering the program. This check is completed by trained and approved staff using a secure network. The reviewed images are cropped and pixelated to remove information that would identify your vehicle or its location. Images that don't contain offences are deleted within 72 hours. 

If the vendor finds a likely offence, the files are securely sent to our trained officers for review. Images that are confirmed to likely contain an offence are then passed on to Revenue NSW. 

Revenue NSW conducts final adjudication and issues a fine. If an offence cannot be proven, then a fine is not issued. 

This process is similar to other camera enforcement programs in NSW but with added human reviews to verify the potential offence identified by the camera system. All speeding and red-light offences that are captured automatically by cameras are adjudicated to verify details within the images, including number plates, before a fine is issued. 

What criteria is used to determine camera locations? How many in metropolitan areas and how many in regional areas? 

The cameras operate in locations that meet certain criteria and ensure widespread deterrence. Criteria is outlined in the NSW Automated Enforcement Strategy (PDF, 742.93 KB) for road safety and includes prevalence of crashes and advice from NSW Police. 

The program aims to reach close to 100% of NSW drivers through a mix of metropolitan and regional deployments. The Mobile Phone Detection Camera Program operates day and night and in all weather conditions, including at locations that may be difficult for police to enforce.

Where is the data stored?

All personal information is stored securely in Australia and handled in accordance with strict security requirements. 

As for other NSW camera enforcement programs, the camera vendor is required, and bound by law, to adhere to strict privacy and security requirements.  Regular audits of these requirements are part of the program.

When will the cameras be used to enforce seatbelt offences?

Mobile phone detection camera cameras will be used to enforce seatbelt non-compliance from around mid-2024, following a set-up period of about 6 months. There won’t be any warning letter period once camera enforcement of seatbelt laws commences. An extensive educational campaign will inform the community about this enforcement change.

Between 2018 and 2022, more than 140 lives were lost on NSW roads in fatal crashes where people weren’t wearing seatbelts.

The expansion of mobile phone detection cameras to also apply to seatbelt offences reinforces the NSW Government’s commitment to enforcing the 50-year-old seatbelt law, actively contributing to improving road safety and reducing fatalities on NSW roads.

The Mobile Phone Detection Camera Program has reduced illegal mobile phone use on our roads. Testing showed that the technology could also detect potential seatbelt offences. As part of the 2026 Road Safety Action Plan, we included the use of mobile phone detection cameras to enforce seatbelt offences. 

What can I do if I'm issued a penalty notice but don't believe I committed an offence? 

You can ask Revenue NSW to review the infringement. If Revenue NSW decides the penalty notice should stand, you may choose to have your matter dealt with in court. Request a review on the Revenue NSW website