Common questions and Misconceptions about using a Mobile phone in a Car on NSW Roads in 2025

The Following Content is for general information and not legal advice. Early Legal Advice is important. Please call Eric Navea Legal on 0401937269 or email office@ericnavealegal.com.au.

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As the Holiday season approaches the number of people driving on NSW Roads will increase. With that increase comes the deployment of more Police and offence detecting Cameras roadside. Take some time to know what the rules are around using a mobile phone in a Car. The SAFEST way to use a mobile phone is to pull over and park your car before touching or using your phone for any purpose. The Rules are there to make sure your not distracted from the Road.

Current Penalties:

Maximum fine penalty at Court is $2,200.00

Penalty Infringement notice penalty is $423 or $526 (detected use in a School Zone)

Demerit Points: 5 points (10 points for offences detected during a declared Long weekend period)

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• Q: I'm a Provisional licence holder, can I use my mobile phone while driving?

  ANSWER: NO. Learner or Provisional licence holders in NSW you must pullover and park out of the lane of traffic before you use a mobile phone whilst in the driver seat of a car.

  The one exception is to use the mobile phone’s wallet function or to show your digital licence in a stopped position or in a driveway or drive-thur.

• Q: I have an unrestricted licence, am I allowed to use my mobile phone whilst driving a car in NSW?

  ANSWER: There are limited circumstances in which it is legal to use a mobile phone while driving a car.

  You may touch the screen of your mobile phone ONLY when it is secured in a cradle or mounted and only for the following purposes:

  1. make/receive a call.

  2. playing audio music (includes music streaming that does not have video)

  3. using the phone as a driver aid (eg Google maps).

  If your phone is not in a cradle or mount you are not allowed to touch or hold your phone. you can still use the phone to make/receive calls or play audio music but you must use the handsfree function.

  Key Takeaway: using a phone to read/answer an email or social media is never permitted. Using a phone to play music with video is never permitted.

• Q: Can I be penalised if my passenger in the front seat is using a mobile phone while I am driving?

  The Road Rules on Mobile Phone use does not apply to front seat passengers. The Driver is not entitled to view the screen of the passenger’s mobile phone.

• Q: What tips can you give to make sure I'm using a mobile phone in a car with safety?

  Transport for NSW suggests:

  • Full licence holders may use a mobile phone cradle/Bluetooth fitted in their vehicle.  

  • Get a passenger to answer your messages/calls.  

  • Put your phone on silent or activate the ‘do not disturb while driving’ function.

  • Divert your calls to voicemail.  

  • Pull over when and where it’s safe and legal to do so.

  Remember: No message or call is worth risking your life or someone else’s.