MOBILE PHONE DRIVING LAWS IN NSW – WHAT YOU NEED TO KNOW IN 2025.

on October 28, 2025

Using a mobile phone while driving is one of the most heavily enforced traffic offences in New South Wales, with severe penalties including fines, demerit points, and potential licence suspension. In 2025, stricter regulations and advanced detection technologies have made compliance more critical than ever. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney, NSW, specialize in defending clients against mobile phone driving offences, helping them avoid harsh penalties and protect their driving privileges.

This comprehensive guide outlines the mobile phone driving laws in NSW for 2025, penalties, defences, enforcement methods, and how our criminal defence lawyers in Sydney can assist. As a leading criminal law firm in Sydney, we’re committed to delivering expert representation and ensuring justice for our clients.

Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

Understanding Mobile Phone Driving Laws in NSW

Mobile phone driving offences involve using a handheld or improperly mounted mobile device while operating a vehicle, posing significant risks to road safety. In 2023–2024, Transport for NSW reported over 40,000 mobile phone-related fines, with 25% leading to court appearances due to disputes or repeat offences. The Road Transport Legislation Amendment (Mobile Phones) Regulation 2025, effective July 1, 2025, tightened restrictions and increased penalties, reflecting NSW’s Road Safety Plan 2026 goal to reduce distracted driving crashes (15% of fatal crashes, per Transport for NSW, 2024).

Key Mobile Phone Offences

Under Section 300 of the Road Transport (Driver Licensing) Regulation 2017 (NSW), mobile phone offences include:

  1. Handheld Use:
    1. Holding a phone to make calls, text, email, or use apps while driving.
    1. Includes touching a phone resting on your lap or seat.
  2. Improperly Mounted Devices:
    1. Using a phone in a cradle or mount for texting, emailing, or social media.
    1. Navigation or music streaming is permitted if the phone is securely mounted and not manually interacted with.
  3. Learner and P1 Drivers:
    1. Prohibited from using any phone function, even hands-free, while driving.
  4. Other Distractions:
    1. Using smartwatches, tablets, or other devices in a manner that distracts from driving.

Permitted Uses for Unrestricted Drivers (Only)

  • Hands-Free Calls: Allowed via Bluetooth or voice-activated systems if the phone is not touched.
  • Navigation: Permitted if the phone is in a secure cradle and navigation is set before driving.
  • Music Streaming: Allowed if controlled via voice commands or pre-set in a mounted device.

Legal Framework for Mobile Phone Driving Offences

Mobile phone driving laws are governed by:

  • Road Transport Act 2013 (NSW): Defines traffic offences and penalties (Section 117 for negligent driving if applicable).
  • Road Transport (Driver Licensing) Regulation 2017 (NSW): Outlines mobile phone restrictions (Section 300) and demerit points (Schedule 3).
  • Road Transport Legislation Amendment (Mobile Phones) Regulation 2025: Increases fines and clarifies rules for smart devices (effective July 1, 2025).
  • Crimes (Sentencing Procedure) Act 1999 (NSW): Allows Section 10 dismissals to avoid convictions (Section 10).
  • Fines Act 1996 (NSW): Regulates Penalty Notices and reviews (Section 24A).
  • Evidence Act 1995 (NSW): Governs evidence admissibility (Section 138 for unlawfully obtained evidence).
  • Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA): Authorizes police enforcement (Section 99).

Penalties for Mobile Phone Driving Offences in 2025

Penalties for mobile phone offences were updated on July 1, 2025, under the Road Transport Legislation Amendment (Mobile Phones) Regulation 2025:

Standard Penalties

  • Full Licence Holders:
    • Fine: $2,578 (up from $2,200 in 2024).
    • Demerit Points: 5 points 
  • Learner or P1 Drivers:
    • Fine: $2,578.
    • Demerit Points: 5 points (automatic suspension at 4 points for P1/learners).

Additional Consequences

  • Licence Suspension: Accumulating 13 points (full licence) or 4 points (P1/learners) triggers a 3–6 month suspension (Section 33, Road Transport Act 2013).
  • Criminal Record: Court convictions for negligent driving or dangerous driving appear on National Police Checks, impacting employment (25% rejection rate, per BOCSAR 2024) and travel.
  • Insurance: Premiums increase by $500–$2,000 annually.
  • Employment: Professional drivers risk job loss due to disqualification or records.

Enforcement Methods in 2025

NSW employs advanced technology and police patrols to enforce mobile phone laws:

  • Mobile Phone Detection Cameras (MPDCs):
    • Introduced in 2019, expanded in 2025 to 200+ fixed and mobile cameras across NSW.
    • Use AI to detect handheld phone use, capturing 1.2 million offences annually (Transport for NSW, 2024).
    • Issue Penalty Notices within 7–14 days, with images as evidence.
  • Police Patrols:
    • Officers observe drivers for handheld use or distracted behaviour.
    • Conduct Random Vehicle Stops under LEPRA (Section 36).
  • Double Demerit Periods:
    • Apply during public holidays (e.g., Easter, Christmas), increasing points for mobile phone offences.

New in 2025: The Road Transport Legislation Amendment (Mobile Phones) Regulation 2025 mandates camera recalibration every 6 months to ensure accuracy, addressing prior concerns about false positives.

Defences for Mobile Phone Driving Offences

Defending a mobile phone driving offence requires strategic legal arguments. Our traffic lawyers in Sydney employ:

  1. Technical Errors:
    1. Ground: Challenge MPDC accuracy (e.g., uncalibrated cameras) or police observation reliability (Section 138, Evidence Act 1995).
    1. Example: Prove the camera misidentified a non-phone object (e.g., wallet).
  2. Necessity:
    1. Ground: Prove urgent need to use the phone (e.g., medical emergency).
    1. Example: Calling triple zero (000) for an accident.
  3. Identity Dispute:
    1. Ground: Argue you weren’t the driver (Section 38, Fines Act 1996).
  4. Section 10 Dismissal:
    1. Ground: Seek a no conviction order for minor or first offences (Section 10, Crimes (Sentencing Procedure) Act 1999).
    1. Example: A first-time offender with character references and TOIP completion.

Steps to Take If Charged with a Mobile Phone Driving Offence

Facing a mobile phone driving charge requires immediate action:

  1. Seek Legal Advice: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or call 0427 101 499 or 02 9793 7016 for a free consultation.
  2. Exercise Your Right to Silence: Decline to answer police questions beyond identity (Section 89, Evidence Act 1995).
  3. Review the Penalty Notice: Check the Penalty Notice for details (e.g., offence date, location, camera evidence).
  4. Gather Evidence: Collect dashcam footage, witness statements, or proof of permitted use (e.g., cradle purchase receipt).
  5. Request a Review: Within 28 days, apply for a Revenue NSW review if the notice is incorrect (Section 24A, Fines Act 1996).
  6. Elect to Contest: If the review fails, elect to fight the charge in the Local Court (e.g., Downing Centre).
  7. Prepare for Court: Complete the Traffic Offender Intervention Program (TOIP), gather character references, and document hardship (e.g., job reliance).

Our Role: Our criminal defence lawyers in Sydney challenge evidence, negotiate with prosecutors, and advocate for Section 10 dismissals or acquittals.

Avoiding a Criminal Record

For serious mobile phone offences (e.g., negligent driving or dangerous driving), a criminal record is possible. To avoid it:

  • Section 10 Dismissal: Seek a no conviction order for minor offences or first-time offenders (15% of traffic cases, per BOCSAR 2024).
  • Evidence: Present TOIP certificates, character references, and hardship evidence (e.g., employment letters).
  • Plea: Plead guilty with mitigation or not guilty with a strong defence (e.g., camera error).

Our Role: We maximize Section 10 chances, protecting your record and driving privileges.

Why Choose Nicopoulos Sabbagh Lawyers?

A mobile phone driving offence can lead to costly penalties and licence issues, but you don’t have to face it alone. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we offer:

  • Specialised Expertise: Extensive experience in traffic law and criminal law, defending thousands of mobile phone offences in Sydney courts like Downing Centre, Parramatta, Blacktown, and Burwood.
  • Proven Results: Success in securing Section 10 dismissals, Penalty Notice withdrawals, and reduced penalties.
  • Client-Centred Approach: Tailored strategies to protect your licence and record.
  • 24/7 Support: Available for urgent advice during police stops or court deadlines.
  • Community Focus: Our Sydney-based firm educates drivers through blogs, reinforcing our commitment to road safety.

Frequently Asked Questions About Mobile Phone Driving Laws in NSW

1. What Are the Mobile Phone Driving Laws in NSW for 2025?

You cannot hold or manually use a mobile phone while driving, except for hands-free calls or mounted navigation (Section 300, Road Transport (Driver Licensing) Regulation 2017).

2. How Are Mobile Phone Offences Detected?

Via Mobile Phone Detection Cameras (MPDCs) and police patrols, with 1.2 million fines issued annually (Transport for NSW, 2024).

3. What Defences Are Available for Mobile Phone Charges?

Defences include technical errors, permitted use, necessity, or identity disputes.

The Broader Context: Distracted Driving in NSW

NSW’s Road Safety Plan 2026 targets a 50% reduction in distracted driving crashes, with mobile phone use contributing to 15% of fatalities (Transport for NSW, 2024). The 2025 regulation updates reflect increased enforcement, with MPDCs detecting 20% more offences than in 2024. Concerns about fairness, particularly for low-income drivers (30% of fines, per BOCSAR 2024), highlight the need for expert legal support to challenge penalties equitably.

Contact Nicopoulos Sabbagh Lawyers Today

A mobile phone driving offence threatens your licence and finances, but you don’t have to accept the penalties. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney provide expert defence, securing Section 10 dismissals, Penalty Notice withdrawals, or reduced penalties to protect your driving privileges. With our deep expertise in traffic law and criminal law, we’ll guide you with precision and care.

Don’t let a fine derail your future. Contact Nicopoulos Sabbagh Lawyers today at info@nslaw.net.au, call 0427 101 499 or 02 9793 7016, or visit www.nslaw.net.au for a free consultation. Let our Sydney criminal law firm, one of the best in NSW, fight for your justice and peace of mind.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

GOING TO COURT?

It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court. 

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 18th October 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

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