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Mobile Phone Detection

Mobile Phone Detection

In NSW, it is an offence to use your mobile phone whilst driving. From 1 July 2018, drivers on NSW roads can be detected and fined for using mobile phones whilst driving, due to The Road Transport Legislation Amendment (Road Safety) Act 2018 No 15, which has provided powers for camera technology to detect hand held phone usage.

A $330.00 fine and a loss of four demerit points is the result of using your mobile phone whilst driving. If you are caught in a school zone, the fine will increase to $439.00. If you are caught using your mobile phone whilst driving in a double demerit period, you will be subject to double demerit penalties.

Once you have been detected by a camera using your mobile phone whilst driving, the footage will be reviewed manually and then you will be sent an infringement notice. If you are using devices in your car that allow you to use your mobile phone through connectivity services integrated in the car system without physically touching the phone, such as Apple Car Play, Android Auto, or other manufacturer infotainment systems, the camera technology will not record an infringement for the use of the mobile device under these circumstances.

Currently in NSW, only unrestricted drivers can use mobile phones only if the phone is

  • in a cradle fixed to the vehicle
  • is not in the way of the drivers road vision or if you can use Bluetooth or voice activation without physically touching the phone, including the use of integrated car systems such as App le Car Play or Android Auto.

If the above is adhered to, mobile phones are permitted for the following purposes:

  • To make or answer a call
  • To play music
  • As a driver’s aid – example Navigation

Be sure not to be caught using your mobile phone whilst driving. Research has revealed that simply taking your eyes off the road for longer than two seconds, doubles your chances of having an accident. Males and Females aged 17-39 years old have the highest involvement of mobile phone use as a factor of accidents.

If you have an incident with mobile phone offences and you need advice, be sure to contact our Criminal Law Department on 4647 7577 to book your initial consultation!

For further information contact:

Luisa Gaetani
Senior Lawyer
02 4607 2112

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