Heads up! Ignoring this major road rule could cost you $600

Navigating the roads has always been a matter of staying alert and abiding by the rules, but for Aussie drivers, there's a new regulation that could hit your wallet hard if you're not careful.

The introduction of high-tech mobile phone detection cameras across the country is a game-changer, and they're catching drivers with hefty $600 fines—even when they're not actively using their phones.



The Road Rules Amendment Regulations have recently expanded the definition of 'use' when it comes to mobile phones and driving.

According to a spokesperson for South Australia Police, ‘The Road Rules Amendment Regulations have broadened the definition of “use” to circumstances where a mobile phone is being held, including in the driver’s lap.’

‘Drivers should be aware of recent changes to Australian Road Rules regarding mobile phone use, which came into effect on 6 June 2024.’


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If you ignore this road rule, you might be slapped with a $600 fine. Credit: Taras Vyshnya / Shutterstock


Imagine this: you're driving with both hands on the wheel, but your mobile phone is touching your leg. It seems harmless, right?

Wrong. Under the new rules, this scenario could land you a significant penalty if you're caught by the new cameras.

Take the case of Adelaide driver Shane, who found himself over $600 out of pocket.

‘The photo shows the phone is in my lap... my hands are on the steering wheel, and the phone is clearly not in use,’ he said.

Despite his protests and requests for evidence, he was informed that holding the phone in any manner constituted 'use' under the new definition.



Shane isn't alone in his surprise. Another driver expressed her shock upon receiving a fine for the same reason.

She, like many others, was unaware that resting a phone on your leg while driving was now an offence.

Traffic lawyer Karen Stanley has pointed out that there's been 'really poor education and communication' about this road rule change, leaving many drivers in the dark about what constitutes an offence.

The rule is clear across ACT, NSW, and Queensland.

In NSW, drivers ‘must not hold a mobile phone in their hand. It must not rest on your leg, be between your shoulder and ear or any other part of their body’.

In Queensland, it's illegal to ‘have it resting on any part of your body, such as your lap, when driving’.



If caught by a detection camera, fines and demerit points will apply, and these penalties vary from state to state.

The figures following South Australia's rollout of mobile detection cameras are alarming. In the first seven days of normal operation, SA Police issued more than 2,500 fines.

During a three-month trial period, 68,252 warning letters for phone offences were sent out. Had these been fines, it would have amounted to a staggering $45 million in just three months.

Now, drivers caught using their phone will face $658 fines, which includes a $556 fine plus an additional $102 Victims of Crime levy.

For drivers under the age of 18, the fine is $556 plus a $20 Victims of Crime levy, along with 3 demerit points.
Key Takeaways
  • High-tech mobile phone detection cameras are being deployed across Australia, catching drivers with fines for having their phones on them, even if not in active use.
  • The Road Rules Amendment Regulations in South Australia now consider a mobile phone to be in 'use' if it is being held or resting on any part of the driver's body, not just in their hands.
  • Drivers across different states are being issued heavy penalties, with fines and demerit points, for having a phone resting on their lap or any part of the body while driving, as part of the road safety campaign.
  • Since the introduction of mobile detection cameras in South Australia, there have been over 2,500 fines within the first seven days of operation, and during the trial period, nearly 70,000 warning letters were sent for phone offences, indicating a widespread lack of awareness about the new rule.
Have you or someone you know been affected by these new road rules? Share your experiences in the comments below.
 

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I have always used a remote ear peace, so that I do not miss a call, leaving the phone in the centre console, the phone is completely out of site and activated. It's the only way not miss a call, the modern car, has a sount system attachedment through the radio from the mobile.
 
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Reactions: Iggydi
How on earth do road users keep up with all the rules ? There seems to be more and more of them posted on SDC ! I don’t drive, but asked one of my family if they were notified of new rules, he said no , so how do people know ?
 
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Reactions: Iggydi
Maybe put it on the console between the driver and the passenger. That way the passenger can answer it without the driver touching it. Interesting it doesn't include CB or two-way radios. Those are sometimes used in a variety of emergency vehicles though.
That’s what I’m trying to get my husband to do but he forgets everytime lol
 
Now I have a query, I do not have a car, I do not have a mobile phone but I have a mobility scooter, would I be fined if I had a phone and was using it when passing a detector?
 
A friend was fined recently for passing her phone to her son to answer while she was driving. She said fair enough and realised she had made a mistake but passed the phone without thinking. Something my husband does to me regularly, I told him he can’t do that anymore
Yep, all bundled under the heading of "distracted driving". It's not just about using or touching a phone. You can be fined for just about anything, if police deem you not being in 100% control of a vehicle. Eating, drinking, playing music to loud etc.. all distractions from operating a vehicle. Be mindful, be careful. Stay everyone, as we have to be alert to others being distracted too.
 
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Reactions: Colette 3799
I leave my phone in my bag and can still answer it via Bluetooth, with a button either on my steering wheel or on the radio screen. If the phone call is going to be a long one I tell them I will call back or I pull over if possible.
 
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Reactions: Colette 3799
I don't have me phone on, while driving to be honest I can't really be bothered with the bloody thing except for medical purposes.
Medical emergencies was the reason I got mine. When you are leaving a patient in hosptial and you are asked how can you be contacted a few times it becomes annoying when your reply has to be "when I get home" Then their reply to you is "Haven't you got a mobile phone??" It is good sense of security to me now.
 
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Reactions: magpie1
Well they won't occur for me, I always have my phone in my bag on the back seat
Me too. I have my phone in my handbag, on the floor behind the driver's seat.
I have bluetooth activated, and, if I have a call come in, I just talk. Mind you, it's also a distraction, so, I tend not to answer unless I know it is one of my nearest and dearest.
Can't be too careful.
 
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Reactions: magpie1
that's the stupidity of the whole thing - sat navs and all the big screens in new cars are far more of a distraction than talking on a phone.
as much distraction, phone or sat nav etc. require you to look at them to interact with them and keep your mind off driving...in the old days people changing tapes, cd etc...were just as distracted
 
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Reactions: MariaG

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