Introduction: Zero Tolerance for Distraction Behind the Wheel
Using a mobile phone while driving is one of the most common — and dangerous — forms of distracted driving. In New South Wales (NSW), authorities have taken a no-nonsense approach to enforcement, rolling out mobile phone detection cameras across the state.
These cameras operate day and night, in all weather conditions, and they do not miss much. As of 2025, changes to enforcement protocols, penalty structures, and detection technology mean that even the slightest lapse can cost you thousands of dollars, demerit points, and even your licence.
At Jones Hardy Law, we want drivers to understand exactly how these systems work, what the law requires, and how to respond if you receive an infringement. Here’s everything you need to know to stay on the right side of NSW traffic law.
The Law: What Is and Isn’t Allowed When It Comes to Mobile Phones
Under Rule 300 of the Road Rules 2014 (NSW), it is illegal for a driver to use a mobile phone unless the phone is secured in a cradle and the driver does not touch it in any way other than to:
- Accept or end a call,
- Use audio streaming,
- Navigate with GPS.
For fully licensed drivers, using voice-activated and hands-free features is legal — provided the driver does not hold or touch the phone.
For L-platers and P-platers, the rules are stricter: zero phone use is permitted — even hands-free.
What Are Mobile Phone Detection Cameras?
Mobile phone detection cameras are fixed or portable devices designed to:
- Photograph all vehicles passing the camera at high speed and high resolution.
- Use AI technology to detect if the driver is holding a phone.
- Flag potential offences for human review before issuing a penalty.
These cameras can detect usage such as:
- Texting or scrolling.
- Holding the phone to check a notification.
- Having the phone in your lap or hand — even when stationary in traffic.
Penalties in 2025: What You’re Up Against
As of 2025, the penalties for mobile phone offences are among the toughest in Australian traffic law.
| Offence | Penalty | Demerit Points |
| Using a mobile phone while driving | $387 (or $514 in a school zone) | 5 |
| Using a phone during double demerit periods | Same fine | 10 |
These penalties apply even if:
- You were stopped in traffic.
- You were only checking your phone for a moment.
- You were using it for navigation but not in an approved cradle.
Repeat offences may trigger court appearances, licence suspensions, or higher penalties.
Are You Automatically Guilty If Caught by the Camera?
Mobile phone camera fines are presumptive — meaning the camera evidence is presumed correct unless successfully challenged.
However, that doesn’t mean the infringement is always unchallengeable.
You may have a valid defence if:
- You were not holding a mobile device (e.g. holding a wallet, food, or another object).
- The camera mistakenly identified a passenger’s behaviour as your own.
- The device in question wasn’t a mobile phone.
Every case turns on its facts, and the photographic evidence is central. If you’ve been fined, it’s essential to request and examine that evidence before taking further steps.
Can You Fight a Mobile Phone Fine?
Yes — but you must do so strategically.
Your options include:
- Paying the fine and accepting the demerit points.
- Requesting a review through Revenue NSW, particularly if there are extenuating circumstances (e.g. medical emergency).
- Electing to go to court, where you can:
- Challenge the evidence entirely,
- Argue for a Section 10 (no conviction),
- Present a compelling case to avoid licence suspension.
- Challenge the evidence entirely,
At Jones Hardy Law, we regularly represent clients who rely on their licence for employment, family, or medical needs. A court appearance may allow us to protect your record and avoid disqualification, even where guilt is not in dispute.
Practical Tips to Avoid Fines
Here’s what we advise every driver to do:
- Install a legal cradle for phone use.
- Use Bluetooth or voice activation for calls.
- If you need to use your phone, pull over safely and park first.
- Do not handle your phone while in stationary traffic — this still counts as a mobile phone offence.
- Educate passengers: Often, it’s their phone activity that distracts drivers into touching theirs.
The safest rule? If in doubt, don’t touch your phone.
Misconceptions We Frequently See
“It’s fine if I’m stopped at traffic lights.”
False. The law applies whether your vehicle is moving or stationary in traffic.
“I can just glance at it in my lap — that’s not ‘holding’ it.”
Wrong. Holding or supporting your phone with any part of your body — even just resting it in your hand — counts as an offence.
“It wasn’t a phone — it was my vape/purse/wallet.”
Possibly true — but only a clear photograph can support this argument. If you plan to contest the fine, request the camera image immediately.
Legal Representation: When You Should Call a Lawyer
If you’ve received a fine or court notice for a mobile phone offence, seeking early legal advice can:
- Prevent licence loss (especially for provisional drivers).
- Help build a defence based on photographic analysis or procedural flaws.
- Support hardship submissions for essential workers and carers.
- Minimise fines or achieve Section 10 non-convictions in court.
Our team at Jones Hardy Law specialises in traffic law. We know how to challenge the evidence, highlight your circumstances, and pursue the best outcome for your future.
Conclusion: Drive Smarter, Stay Connected — Legally
The reality in NSW today is that you’re always being watched when on the road — and mobile phone detection cameras are not going away. With the increasing sophistication of these systems, compliance is the only safe choice.
Avoiding a fine is not about luck — it’s about informed driving. And if you do receive a fine, don’t guess at your options — get legal advice from professionals who understand the system and know how to protect your record.
If you’ve been issued a mobile phone offence notice or want advice about traffic law in NSW, visit JonesHardyLaw.com.au to book a free consultation. Don’t risk your licence — speak to the experts today.
