The rules around mobile phone use while driving in NSW are a bit like a rundown old house: Some parts are falling down, there are draughts getting in all over the place, someone has slapped on a bad extension here, a poor paint job there and a crappy kitchen reno… but what needs to happen is a proper knock down rebuild.
As technology and how we use it has changed, lawmakers have tried to keep up, but in my opinion there’s still a lot of room for improvement.
The problem is that plenty of things that are allowed by the rules are dangerous, plenty of things that are illegal are pretty okay, and there is so much that isn’t captured.
For the time being we’re stuck with the rules we’ve got. So, here is a simple outline of what you can and can’t do with a phone while driving in NSW.
MORE OWNERDRIVER TRENDING STORIES:
- NHVR CEO to step down
- DAF Trucks unveils two new flagship models
- VE Group welcomes special Kenworth into fleet
- Cahill Transport announces new CEO
- Friday Road Update: October 25
The Basic Rule: The basic rule is that the driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless they fall into certain exceptions.
Below I go into exceptions, but the thing to remember is that any use of the phone while driving, allowed or otherwise, can be dangerous, and if it causes you to drive badly or to have an accident, then you may face criminal charges, even if technically it’s allowed under the mobile phone rules.
Different rules apply to unrestricted licence holders and P-Platers too.
Unrestricted Licence Holders
You can do these things with a phone while driving, as long as you are still driving safely:
- Make and receive audio calls. If your phone is secured in a commercially manufactured holder which is being used properly, or if it is connected through a dash system, like Apple Car Play or a hands-free system, like Bluetooth and you don’t touch the body of the phone.
- Play audio like music, podcasts or audiobooks. If your phone is secured in a commercially manufactured holder which is being used properly, or if it is connected through a dash system, like Apple Car Play or a hands-free system, like Bluetooth and you don’t touch the body of the phone.
- Use Sat Nav like Google Maps. If your phone is secured in a commercially manufactured holder, which is being used properly.
- Use dispatch systems like the Uber app for Uber drivers. If your phone is secured in a commercially manufactured holder which is being used properly.
You cannot do anything else, including:
- Text or use any messaging apps
- Do anything else that involves images or videos, even if it is in a holder
- Pick up the phone even if not using a function, because this counts as ‘using’ it.
The only times you can touch your phone while driving if it is not in a holder are:
- to pass it to a passenger
- to take it out if your car is stationary and you’re using your phone to pay at the drive through or to get into a car park.
If you need to do anything else with your phone, your car needs to be pulled over and legally parked and I recommend with the engine turned off.
P Plate Drivers
P plate drivers cannot use their phones while driving AT ALL.
This means that they cannot:
- Connect their phone to in-car systems like Apple Car Play or via Bluetooth
- Use a phone for Sat Nav, even if it is in a holder or connected through the dash
- Make or answer calls, even if they are hands-free
- Use their phones to play music, even if it is hands-free or connected through the dash
This means that a P Plate driver can never be on a call while driving. If they want to listen to music, it has to be through the radio or another system that does not connect at all with their phone. If they need a navigation aid, this too must not use phone software at all.
I recommend that P Plate drivers keep their phones out of reach while driving and do not have them in holders attached to the dash.
Even holding the phone in the hand, lighting up the screen with face activation or quickly checking the time count as ‘using’ it, whether stopped at lights or if the car is moving.
The only time a P Plate driver can use a phone while driving is if they are using the phone to pay at the drive through or to get into a car park and the car is stationary.
If a P Plate driver needs to do anything else with their phone, their car needs to be in a valid car park, in park and with the engine turned off.
Subscribe to the weekly Owner//Driver newsletter here.