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Police and the government are determined to stamp out mobile phone use while driving. The penalties reflect this. There are defences to mobile phone use and our expert lawyers can assist you to determine the best approach to your legal issue.

The fine for illegal mobile phone use is $349 or $464 if detected in a school zone. There is a five demerit point penalty for illegal mobile phone use, which increases to 10 demerit points during double demerit periods.

The legal meaning of the word “use” is very broad. The offence can be found in the Road Rules NSW 2014. It is a complex area of law and often people do not know what they can and can’t do as unrestricted licence holders.

For example, you cannot touch your phone, it can only be operated for music or audio functions if you can do so without touching any part of the phone, (e.g. Bluetooth controls).

Functions including video calling, texting, emailing, social media, web browsing and photography are prohibited unless parked. You must be parked out of the line of traffic. However, the ignition does not need to be turned off.