Double Demerits NSW: Offences Explained

Illegal mobile phone use

The fine for illegal mobile phone use is $352, or $469 if detected in a school zone. There is also a 5 demerit point penalty. This means that drivers who break the rule during double demerits periods will lose 10 demerit points- almost their full licence (13 points).

Section 300 of the Road Rules 2014 (NSW) provides that you must not use your mobile phone while your vehicle is moving or is stationary but not parked. This includes holding your mobile phone in your hand, even if it is locked and not operating.

Transport for NSW elaborates upon these rules and provides that:

• You can use your mobile phone to make or receive an audio call or to perform an audio playing function if the phone is secured in a mounting affixed to the vehicle or you do not have to physically touch your phone to do so.
• You can use your mobile phone for navigation so long as it is secured in a cradle fixed to the vehicle.
• You can use your mobile phone to access your digital driver licence only after a police officer has asked you to do so.
• You may also use your digital wallet function only if the vehicle is stationary and off the road (carpark, driveway or drive thru).

It is important to note that these provisions differ for learner, P1 and P2 licence holders. If you are a learner, P1 or P2 licence holder you may not use your phone for audio phone calls or audio playing functions. However, you may still access your digital licence upon request or use your wallet function if necessary.

Your illegal use can be detected by the new Mobile Phone Detection Cameras.