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Fined for using your phone while driving in NSW.

With mobile phone detection cameras now common across Sydney, many drivers face significant fines and the loss of five demerit points for a single infringement. Here’s what the rules are, and what you can do.

Legal content by Daoud LegalLast reviewed 28 September 2026Applies in New South Wales
At a glance
5Demerit points
10Demerit points in double demerit periods
$387Fine, or $481 in a school zone
$2,200Maximum fine if it goes to court

For learner and P1 drivers, a single offence is more than the demerit point limit.

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The offence

What counts as using a mobile phone while driving?

In NSW, the offence of using a mobile phone while driving is defined broadly under Regulation 300 of the Road Rules 2014 (NSW). The law is designed to combat driver distraction, and what constitutes “use” goes far beyond just making a call. It is a strict traffic offence, and the rules differ significantly depending on your licence type.

Learner and provisional drivers (P1 and P2). The rules are absolute: you must not use a mobile phone for any reason while driving. This ban includes using Bluetooth, hands-free functions, or for navigation, even when your vehicle is stationary but not parked at traffic lights.

Unrestricted licence holders. You can only use a mobile phone to make or receive a call or use an audio playing function if the phone is either secured in a cradle or can be operated by voice activation without touching any part of the body of the phone. Any other physical interaction, including resting it on your lap, is an offence.

The law prohibits mobile phone use while your vehicle is stationary but not parked. This includes waiting at traffic lights or being stuck in traffic. To use your phone legally, you must be parked out of the line of traffic.

Penalties

Penalties for using a mobile phone while driving

The following penalties apply whether you are detected by a police officer or a mobile phone detection camera.

InfringementOn-the-spot fineDemerit points
Standard offence$3875
Offence in a school zone$4815
During double demeritsFine as above10

If you elect to take the matter to court, the maximum penalty a magistrate can impose is a fine of $2,200.

Learner and P plate drivers

Why one fine can mean a suspension on your plates

A single mobile phone offence carries 5 demerit points. Learner and P1 drivers have a demerit point limit of 4, meaning one fine will result in a three-month licence suspension. P2 drivers have a limit of 7 points, so one offence puts them very close to suspension.

The only exception to the ban for learner and provisional drivers is showing a digital driver licence to a police officer when requested.

Detection cameras

Mobile phone detection cameras

Mobile phone detection cameras in NSW use sophisticated AI and high-resolution imaging to identify drivers using their phones. While this technology is advanced, it is not infallible.

An image flagged by the system is still reviewed by a person to determine if a traffic offence has occurred, and errors can be made. You may have been holding a different object, or an exception to the rule may apply.

If you have received an infringement notice, you can pay the fine and accept the demerit points, request a review from Revenue NSW, or elect to have the matter decided in court. If losing your licence is a risk, it is crucial to get advice before making a decision.

Pleading guilty

Seeking a lenient outcome

In some cases, the best strategy is to plead guilty and seek a lenient outcome. This is particularly true if you face licence suspension due to the demerit points from the mobile phone offence. A guilty plea, when presented correctly, demonstrates remorse and can significantly influence the court’s decision.

Under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the court can find you guilty but record no conviction. As a result, you avoid the fine and, crucially, the demerit point penalty, allowing you to keep your licence.

The material that persuades a magistrate highlights your good character, your need for a licence, and the other factors that show leniency is warranted.

This is the part Court Mate helps with. We guide you through preparing your character references, your letter of apology and the rest of your material, and a solicitor at Daoud Legal checks all of it before you hand it up.
Pleading not guilty

Potential defences

While using a mobile phone is a strict liability traffic offence, several legal defences may apply. To secure a conviction, the prosecution must prove that you were the driver, that you were in fact ‘using’ a device, and that the object was a mobile phone.

A defended hearing is a different job from a guilty plea. Court Mate helps people prepare for sentencing after a guilty plea. If you want to fight the charge, Daoud Legal runs defended hearings directly.

Not sure where your matter fits?

Talk it through with us. A short conversation works out whether yours is a matter you can run yourself, and a solicitor at Daoud Legal - Criminal Defence reviews every matter before anything goes near a courtroom.

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Questions

The things people actually ask

Can I use my phone when I’m stopped at traffic lights?
No. The law prohibits mobile phone use while your vehicle is stationary but not parked. This includes waiting at traffic lights or being stuck in traffic. To use your phone legally, you must be parked out of the line of traffic.
Can I just hold my phone or have it in my lap?
No. For all licence holders, holding a phone or having it resting on any part of your body (including your lap) while driving is illegal and constitutes ‘use’ of the device.
Do double demerits apply to mobile phone offences?
Yes. Using a mobile phone while driving is a double demerit point offence. During holiday periods, an infringement will result in a loss of 10 demerit points, which can lead to an immediate licence suspension for most drivers.
As a P-plater, will I lose my licence for a mobile phone offence?
It is highly likely. A single mobile phone offence carries 5 demerit points. Learner and P1 drivers have a demerit point limit of 4, meaning one fine will result in a three-month licence suspension. P2 drivers have a limit of 7 points, so one offence puts them very close to suspension.
Can I use my phone for GPS on an unrestricted licence?
Yes, but only under strict conditions. If you hold an unrestricted licence, you can use your phone for navigation if it is securely mounted in a cradle that does not obscure your view of the road. You must not touch the phone while driving.
Can I use Bluetooth or hands-free on my P plates?
No. Learner and provisional drivers are prohibited from using a mobile phone in any way, and this includes using Bluetooth or any other hands-free device to make calls or play audio. The only exception is showing a digital driver licence to a police officer when requested.
How do mobile phone detection cameras work?
These cameras use high-resolution imaging and artificial intelligence to capture images of the inside of your vehicle. The AI flags potential offences, which are then reviewed by trained personnel to determine if an infringement notice should be issued. They operate day and night and in all weather conditions.
Should I just pay the fine or take the matter to court?
If paying the fine will result in a licence suspension, taking the matter to court may be your best option, because a non-conviction order like a Section 10 means no fine and no demerit points.
Can I get a section 10 to avoid a conviction and demerit points?
Yes, it is possible. By pleading guilty and presenting a persuasive case for leniency, you can ask the court to grant a non-conviction order under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). That means no fine, no demerit points, and no criminal conviction.
Is it illegal for a passenger to use their phone?
No, a passenger can use their phone. However, the screen must not be visible to the driver from their normal driving position, as this could be considered a distraction and lead to other traffic offences.
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