By
Alex Choros - Managing Editor + Group Telco Editor
Last updated

Harsh penalties for phone use while driving over Christmas

You should never be on your phone when driving, and this is doubly true over Christmas. NSW drivers caught using their smartphone behind the wheel during their Christmas period will lose a massive ten demerit points and cop a $337 fine.

Using a phone in your car would normally cost you five points, but double demerits are in effect in NSW until the end of January 1. Double demerit points apply to all offenses.

In NSW, unrestricted Australian license holders can rack up 13 points over a three-year period before losing their license. If you've had no other recent offenses, getting caught with your phone in your hand will leave you dangerously close to a suspension.

For reference, holding your phone in your hand, placing it on your lap, and resting it between your shoulder and ear are all illegal while driving.

According to NSW legislation, drivers can only use their phone to make or answer a call and play music if the phone is either:

  • In a cradle fixed to the vehicle and doesn’t obscure their view of the road;
  • Can be operated without touching any part of the phone, such as via Bluetooth or voice activation.

Drivers are also able to use their mobile phone as as GPS if the phone is a fixed cradle and doesn't obscure their view of the road. 

Alex Choros

Managing Editor + Group Telco Editor | X | Instagram | Threads | LinkedIn

Alex Choros
Alex Choros is the Managing Editor of WhistleOut Australia and an award-winning journalist. He's been writing about consumer technology for over a decade and is an expert on the Australian telco sector, to the point where he knows far too many phone and internet plans by heart. In addition to leading the WhistleOut editorial team, Alex is responsible for ruining the office Sonos with his troubled taste in music.

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