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.
For learner and P1 drivers, a single offence is more than the demerit point limit.
Try it outThese are the numbers the law sets. What happens in your matter depends on your record and your circumstances, and a solicitor at Daoud Legal - Criminal Defence reviews every matter.
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.
The following penalties apply whether you are detected by a police officer or a mobile phone detection camera.
| Infringement | On-the-spot fine | Demerit points |
|---|---|---|
| Standard offence | $387 | 5 |
| Offence in a school zone | $481 | 5 |
| During double demerits | Fine as above | 10 |
If you elect to take the matter to court, the maximum penalty a magistrate can impose is a fine of $2,200.
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.
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.
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.
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.
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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