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.
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:
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.
Mobile phone detection cameras are fixed or portable devices designed to:
These cameras can detect usage such as:
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:
Repeat offences may trigger court appearances, licence suspensions, or higher penalties.
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:
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.
Yes — but you must do so strategically.
Your options include:
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.
Here’s what we advise every driver to do:
The safest rule? If in doubt, don’t touch your phone.
False. The law applies whether your vehicle is moving or stationary in traffic.
Wrong. Holding or supporting your phone with any part of your body — even just resting it in your hand — counts as an offence.
Possibly true — but only a clear photograph can support this argument. If you plan to contest the fine, request the camera image immediately.
If you’ve received a fine or court notice for a mobile phone offence, seeking early legal advice can:
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.
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.
Suite 701
225 Clarence Street
Sydney NSW 2000
CALL: (02) 7257 0384
Email: [email protected]
