Using your phone is obviously a very dangerous thing to do while driving. This is recognised in NSW law with illegal mobile phone attracting heavy penalties: $387 ($514 in a school zone) and five demerit points, or 10 demerit points during double demerit periods.
However, the law in NSW also provides for safe mobile phone use in some necessary instances.
Exemption 1
NSW drivers, including L and P platers, are permitted to use their mobile phone to make a payment, redeem a voucher or coupon or access a specific area as long as the vehicle is stationary and off road, in a car park, drive-through or driveway without fear of a hefty fine or demerit points.
Exemption 2
The other exemption for NSW drivers to use their phone when behind the wheel is when a police officer asks them to show a digital driver's licence.
Exemptions for unrestricted licence holders
Fully licenced drivers (L and P platers excluded) can legally take or receive audio phone calls while driving if the phone is either secured in a cradle fixed to the vehicle; or can be operated without touching any part of the phone, (e.g. Bluetooth controls).
Fully licenced drivers can also legally use music or audio functions like a driver's aid (e.g. navigation, Speed Adviser app or dispatch system) if the phone is secured in a cradle fixed to the vehicle.
In all other instances, keep your hand off it
All other functions including video calling, texting, emailing, social media, web browsing and photography are prohibited unless parked. It is also illegal to hold and use a mobile phone at any time while driving or riding.
Drivers in NSW can also be penalised if their passenger is using a mobile phone in such a way that it could distract the driver.
Using a mobile phone while driving is very dangerous because it may lead to: slower reaction times, wandering out of your lane, slower and less controlled braking, riskier decision making; it increases your chance of getting into an accident by four times.
The NRMA’s Can’t Talk. Driving report from 2017 is a thorough analysis of the key safety issues and a series of recommendations to tackle mobile phone use amongst drivers and improve road safety.
Members can call our Motoring Advice team on 13 11 22 or you can reach out on Facebook, Twitter or Instagram if you have any questions.
Drive safely, everyone!
