Recently we have received many enquiries from clients about whether it is permitted to use a mobile phone while driving in NSW. This has also been a fairly hot topic on social media. NSW actually has a very strict set of rules governing the use of mobile phones and other electronic devices, as well as Bluetooth functions, while driving — and these rules are easily overlooked, even by people who have lived in Australia for many years. On that note, let’s take a look at what the official regulations actually say.
NSW has very strict rules about using a mobile phone while driving, and the rules differ depending on whether you hold an unrestricted Full Driver Licence, a Provisional P1 Driver Licence (commonly known as the red P), a Provisional P2 Driver Licence (commonly known as the green P), or a Learner Driver Licence (commonly known as the L plate).
For Learner (L), red P and green P drivers
Under no circumstances may you use your phone to do any of the following — not even while stopped at a red light or stuck in traffic:
Sending text messages
Making phone calls
Listening to music
Sending emails
Using social media
Using the internet
Using maps or navigation
Taking photos
Whether held in your hand, in a cradle, or used via Bluetooth, you may not use your phone for any of the activities above.
For Full Licence drivers
There are only two situations in which you may use your phone while driving:
Situation 1:
Making or receiving a phone call in hands-free mode, playing music, listening to the radio, etc.
Situation 2:
When the phone is secured in a mounted cradle, you may touch it to make/receive calls, play music and radio, and use maps, navigation or other driving-assistance systems.
However, the following are absolutely prohibited:
Sending text messages
Video calls
Sending emails
Using social media
Using the internet
Taking photos
You must never hold the phone in your hand while driving, nor rest it on your lap or any other part of your body. If you use a phone cradle, it must be fixed to the vehicle and must not obstruct your view.
Exceptions
All drivers, including L plate, red P and green P holders, may use a mobile phone to:
Display their driver licence when requested by police
Use a mobile-payment function to pay or redeem a voucher, but only where the vehicle is stationary — for example in a car park, a driveway, or at a drive-through.
And of course, drivers of any licence class may use their phone while parked (without needing to switch off the engine).
What are the consequences of using your phone illegally?
NSW has dedicated mobile-phone detection cameras that monitor illegal phone use anywhere, anytime. From 1 March 2020, these cameras began detecting illegal mobile phone use, and offending drivers face 5 demerit points and a $352 fine. During double-demerit periods, 10 points are deducted outright.
What about using an iPad or other electronic devices?
Some people will also ask, if phones are not allowed, what about iPads or other electronic devices?
The NSW rule is that any electronic screen visible from the driver’s seat while driving must be kept turned off, otherwise it could distract other drivers. The screen may only be on if it is being used as a driving aid, including for:
Navigation
Dispatch systems
Reversing cameras
Dashcams
The rules in NSW vary for other electronic devices, for example:
1. CB radios
At present, there is no explicit rule in NSW prohibiting the use of CB radios.
2. iPods
Likewise, NSW has no explicit rule prohibiting the use of iPods while driving.
3. In-car navigation systems
Drivers of any licence class may use built-in vehicle navigation, because it is part of the vehicle itself and not regarded as an additional electronic device.
4. TVs and other electronic displays
Regulation 299 expressly provides that if a vehicle fitted with a television receiver or visual display unit is being driven, or is stationary but not parked, it is an offence to drive the vehicle whenever any image on the screen is visible to the driver from the normal driving position, or is likely to distract other drivers.
In other words, even if a front-seat passenger or rear-seat passenger is watching a movie or using a screen for some other purpose, it is still an offence if the driver can see it from the driver’s seat.
5. iPad
Using an iPad for navigation purposes is lawful (Full Licence holders only); however, as in point 4 above, using the screen for any other purpose is not permitted while driving.
Finally, is using Bluetooth illegal?
Some people will also ask, what if I don’t use the screen at all — is using only the Bluetooth function still illegal?
In NSW, it is illegal for a Full Licence driver to touch the phone in order to use Bluetooth audio functions — such as playing music — unless the phone is secured in a fixed cradle.
Red P, green P and L plate holders may not use Bluetooth audio functions under any circumstances, even if the phone is secured in a cradle. Offenders face 5 demerit points and a $349 fine.
Final word
NSW actually has a fairly strict set of rules governing the use of mobile phones and Bluetooth while driving, but many people are unaware of them — even longstanding migrants to Australia can overlook them. If you accidentally breach the rules, we recommend seeking assistance from a professional lawyer.
