Digital Driver’s Licences were rolled out in NSW last week. The digital licence is now legal for use across the state, and will update in real time – so you don’t need to wait for a new plastic card to arrive when you renew your licence or change your details.
However, the digital licence does not replace your plastic card, and Service NSW has recommended that you still carry your card as a back-up.
Is accessing your digital driver’s licence an exception to laws against using your phone while driving?
The short answer is no.
It is illegal to access your digital licence while driving and even while stationary. You must wait for a police officer to ask you to produce your digital licence before you attempt to do so.
It is an offence under rule 300 of the Road Rules 2014 to use a mobile phone illegally while driving. The penalty if caught is 5 demerit points and a fine of $344 on an infringement notice, or up to $2,200 if the matter is determined in court.
Key Takeaways
- Digital Driver's Licences (DDL) in NSW are legal for use but don't replace the physical card, and carrying the physical card as backup is recommended.
- Accessing a DDL while driving or stationary is illegal, and police must first ask you to produce it.
- Using a mobile phone illegally while driving incurs a fine and demerit points, with higher penalties if determined in court.
- While DDLs are valid identification in pubs, clubs, and for retail, it's advisable to also carry a physical licence during the transition period.
Can I use my digital licence as identification in pubs and clubs?
Though a digital licence is valid identification and will be accepted by licensed venues, tobacco retailers and supermarkets, Service NSW recommends that you also carry your physical licence with you while organisations get familiar with the digital licences.
Hamilton Janke Lawyers has extensive experience in traffic matters. If you, or a loved one, has been charged with a traffic offence contact Hamilton Janke Lawyers 24/7 on 4038 1666.
Written By
James Janke
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
