How to use your phone while driving (and not get a fine)

By now we all know that using your phone while driving is not only dangerous, but it’s illegal. But, where do you draw the line? Uber drivers touch their phones a lot, in NSW you can use a Digital Driver’s License now, we can tap and pay using handheld devices, and honestly who even owns a GPS anymore?

Although the general rule across the country is don't touch your phone when driving, every state and territory has their own set of parameters, fines and demerit points attached to using your mobile phone and they’re not exactly cut and dry.

We have compiled a list of how you can legally use your phone while driving in each state, and what the penalties are for breaking these laws. Click or tap on your state below to learn more.

• New South Wales
• Victoria
• South Australia
• Western Australia
• Northern Territory
• Queensland
• Australian Capital Territory
• Tasmania

New South Wales

All things considered, NSW is pretty lenient compared to other states when it comes to mobile phone usage and driving. Learners and P-platers have a blanket ban on use while driving, however full license holders are able to use their phone provided that it is in a cradle and remains untouched. *Cue The Veronicas*

Legal phone usage while driving

Illegal phone usage while driving

Any other phone use such as photography, browsing social media, texting, emailing and/or video calling are all prohibited in NSW unless the vehicle is stationary and parked.

Note that holding a mobile phone in your hand, whether you are actively using it or not while  operating a vehicle is illegal and may yield penalties.

Phone usage while driving penalties in NSW

Any phone related penalty in NSW comes with a fine of $349, or $464 if the offense occurred within a school zone. Each penalty is accompanied by five demerit points.

FAQs

Does the ignition has to be turned off before touching your phone?

No, the vehicle needs to be in park but the ignition can remain on.

Can I talk using Bluetooth if the phone isn’t in a cradle?

If you have to touch the phone to answer a phone call and it's not in a cradle, you're not allowed to. However, if you can answer with your voice or with a button in the car, that is fine. 

If you want to answer a phone call by touch a phone, it needs to be securely in a cradle fixed to the vehicle.

Can I dial a number into my phone while driving?

Unrestricted, or full license holders can touch their phone while driving in order to make or receive phone calls provided that it is securely fixed in a cradle. 

Am I allowed to touch my phone to use the GPS while driving?

Yes, if you are an unrestricted driver then you can touch your phone within its cradle in order to navigate in the same way you would a GPS.

Can I touch my phone to change a song?

Again yes, provided that you are an unrestricted driver and the device remains in its cradle.

Victoria

Victorian guidelines are quite similar to those of New South Wales, however down south you won’t be able to tap and pay using your devices.

The legislation makes a point of noting smartwatches where no other state or territory does. The TLDR is that you can use them for phone calls, and music as long as you don’t touch them or you can pop your watch in a mount. Yes, smartwatch car mounts exist.

Legal phone usage while driving

Bicycle riders are allowed the same provisions as fully licensed drivers, however cyclists are able to have their mobile device in a pocket rather than in a commercially designed holder.

Illegal phone usage while driving

Any other phone use such as photography, browsing social media, texting, emailing and/or video calling are all prohibited unless the vehicle is stationary and parked.

Phone usage while driving penalties in Victoria

All mobile phone usage penalties in Victoria come with a $496 fine and four demerit points.

FAQs

Does the ignition have to be turned off before touching your phone?

No, the vehicle needs to be in park but the ignition can remain on.

Can I talk using Bluetooth if the phone isn’t in a cradle?

No, in order to use your phone to make calls it needs to be securely in a cradle fixed to the vehicle. The exception to this rule is for cyclists who may have their phone in a pocket or pouch provided that it can still be operated without touching the device.

Can I dial a number into my phone while driving?

Unrestricted, or full license holders can touch their phone while driving in order to make or receive phone calls provided that it is securely fixed in a cradle. 

Am I allowed to touch my phone to use the GPS while driving?

Yes, if you are an unrestricted driver then you can touch your phone within it’s cradle in order to navigate in the same way you would a GPS.

Can I touch my phone to change a song?

Again yes, provided that you are an unrestricted driver and the device remains in it’s cradle.

Can I use my phone to tap and pay in a drive thru?

No in Victoria you can not use your phone to tap and pay unless the car is out of the line of traffic and in park.

South Australia

The laws in South Australia are stringent and only allow drivers to answer phone calls via hands-free. You can’t even use your device as a GPS, so it looks like SA is solely responsible for keeping Tom Toms afloat.

Legal phone usage while driving

Illegal phone usage while driving

South Australia has the strictest mobile phone usage laws in the country only allowing drivers to make and receive phone calls and view their map. 

Phone usage while driving penalties in South Australia

Drivers caught using their phones illegally will incur three demerit points, and a $544 expiation fee.

FAQs

Does the ignition have to be turned off before touching your phone?

No, the vehicle needs to be in park but the ignition can remain on.

Can I talk using Bluetooth if the phone isn’t in a cradle?

Yes you can as long as you are not touching the device. This can include having the phone in any place within the vehicle so long as it is not touching or resting on any part of the driver’s body.

Can I dial a number into my phone while driving?

Unrestricted, or full license holders can touch their phone while driving in order to make or receive phone calls provided that it is securely fixed in a cradle. 

Am I allowed to touch my phone to use the GPS while driving?

You can't touch your phone to use the GPS while driving. While you can use your phone as a GPS if it is in a cradle, you will need to pull over if you want to touch your phone to readjust the view or update your location. 

Can I touch my phone to change a song?

No, you need to pull over to change song. 

Western Australia

Western Australia is a big state, and it has fines to match. Penalties go up to $1,000 and four demerit points for illegal phone usage, and will double on double demerit weekends. Better to keep the phone in your pocket.

Legal phone usage while driving

Illegal phone usage while driving

All other phone usage while driving is considered illegal in Western Australia.

Phone usage while driving penalties in NSW

Drivers who touch or hold a mobile phone while driving will incur a penalty of $500, and three demerit points.

Texting while driving, looking at a text, email, photo, video, or any other mobile phone usage while driving incurs a fine of $1,000, and four demerit points.

FAQs

Do double demerits still apply to these penalties?

Yes double demerits are applicable over long weekend and holiday periods in Western Australia. 

Can cyclists get demerit points?

No, cyclists caught using their mobile phone illegally will not lose demerit points they may however be fined.

Can Uber drivers use their phones still?

The same rules apply to Uber, and other ride sharing services, however on-demand food service drivers such as Uber Eats can touch their phone in order to dispatch or confirm an order using that specific dispatch service.

When is a vehicle considered to be parked?

According to legislation, the car needs to be stopped where it is both safe and legally permissible to park. There are no notes on whether the ignition needs to be on or off within Western Australia’s mobile phone regulations.

Northern Territory

Drivers in the Northern Territory are subject to similar rules as the other states. Don’t touch your phone, and keep it in it’s cradle and you’ll be on the up, and up.

Legal phone usage while driving

Illegal phone usage while driving

Any other phone usage while driving is illegal in the Northern Territory. 

Phone usage while driving penalties in the Northern Territory

All mobile phone usage penalties yield a $500 fine, and three demerit points in the Northern Territory.

FAQs

Can I use my phone if I’m stopped at a traffic light?

No, penalties will still apply for inappropriate phone usage while stopped at a red light.

What about inbuilt screens?

Inbuilt televisions or VDU operating systems must not be visible to you or other drivers. This rule does not apply to GPS, dispatch systems, or vehicle monitoring devices such as dash-cams.

Queensland

In Queensland you’re unable to touch your phone while driving at all. If you can make phone calls, control music, or navigate without the need to touch the device then you are permitted to do so.

Legal phone usage while driving

Illegal phone usage while driving

Any function that requires you to touch your phone is prohibited according to Queensland law.

Phone usage while driving penalties in Queensland

Phone related penalties in Queensland yield a fine of $1,000, and four demerit points.

FAQs

Can I use a hands-free function to control my phone?

According to the definition of the Queensland law you can use your vehicle’s hands-free function to operate your handset.

Can I use Google or Apple maps?

You can however you can not touch your phone while driving for the purposes of navigation. You’ll need to set up your route before beginning your journey.

Can I listen to music while driving?

As long as you do not touch the handset then you are able to listen to music or podcasts through your phone.

Australian Capital Territory

Similar to many other states and territories, the ACT established a blanket ban on phone usage for provisional drivers. Unrestricted drivers however can use handheld devices for phone calls, and GPS purposes provided that they are not held in hand.

Legal phone usage while driving

Illegal phone usage while driving

Any other phone function is not permissible while driving in the ACT.

Phone usage while driving penalties in the ACT

If you are found to be using your mobile phone to text, use social media, any mobile app, or to access the internet you’ll be liable to lose four demerit points, and pay $589. Any other phone related penalty is capped at three demerit points, and a $480 fine.

FAQs

Can I use hands-free for other functions?

Yes, as long as you can operate the handset without touching it then you can still perform these functions.

Can I touch the phone if it’s in a secure cradle?

No, you are never permitted to touch your phone while driving.

Am I able to make emergency phone calls while driving?

No, there are no exemptions for emergency calls. Fines will still apply.

Tasmania

While those off the mainland are somewhat separated from the rest of Australia, we are one under our mobile phone usage restrictions. Or, we’re close to it.

Tasmanian drivers can use their phones as a GPS or to make phone calls but are not allowed to touch the device, and it must sit in a secure cradle.

Legal phone usage while driving

Illegal phone usage while driving

Texting, browsing online, or anything that requires you to touch your phone is illegal in Tasmania whilst driving. If you want to do any of these things, then you will need to pull over.

Phone usage while driving penalties in Tasmania

Illegally using your phone while driving will incur a fine of $344, and three demerit points.

Cyclists caught using their phone inappropriately will be fined $129 but will not lose any demerits.

Anula Wiwatowska

Offsite Editorial Lead | Instagram

Anula is the Off-Site Editorial Lead for WhistleOut Australia, and an award winning tech journalist. She has been writing about the Australian telco industry, and consumer technology for over five years, and has been known to tell her Uber driver which phone they should upgrade to next.

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