If you use your phone while driving, that’s a lapse. And on the road, you lapse? You lose. Not only can you lose 4 demerit points and be fined $1209, but you could even lose your licence, or worse. So when you’re driving, just leave your phone alone.

Watch “The facts about distractions”

Mobile phone rules


Open licence holders are allowed more (but still limited) hands free use of mobile phones while driving than learner or provisional drivers. Find out all the details of what is, and is not allowed by licence type here.

Bicycle riders

It is illegal to hold your phone in your hand or have it resting on any part of your body, such as your lap, while riding. This applies even when you’re stopped in traffic or at the traffic lights. The phone doesn’t need to be turned on or in use for it to be an offence.

What is allowed

If you’re a bicycle rider, you can use your phone hands-free or when it is in a cradle. You can find more information on bicycle riders and mobile phone use here.

Mobile phone penalties


Drivers who use their phones illegally while driving will receive a $1209 fine and four demerit points for the first offence.

This applies to everyone with an open licence including car, truck drivers and motorcycle riders.

For a second mobile phone offence in 12 months you will receive another $1209 fine and a further eight demerit points.

If you hold:

  • Open licence – two offences in a year could mean you lose your licence or are put on a one-year good driving behaviour period.
  • Learner licence – you will lose your licence after just one mobile phone offence.
  • Provisional licence – you could lose your licence after just one mobile phone offence or face a one-year good driving behaviour period.

Bicycle riders

Bicycle riders who use phones illegally while riding will receive a $1209 fine.

More on driver distraction

Distractions fines and demerit points

Find out more

Mobile phone enforcement cameras

Find out more


1. Stayer, D., Drews, F. and Crouch, D. (2006). ‘A comparison of the cell phonedriver and the drunk driver.’ Human Factors 48(2): 381-91.Link destination