Most drivers think they know the rules about using their mobile phones on the road—but a leading lawyer says many Aussies are unknowingly breaking the law.

What you might consider harmless could cost you hundreds of dollars and several demerit points.

Here's what you need to know before you pick up your phone behind the wheel.


A leading Victorian lawyer, Alex Loftgood, revealed that most Aussie drivers are breaking the law in ways they don't even realise, with mobile phone offences posing a serious risk.

Alex, the director at Loftgood Legal, shared that after thoroughly investigating the often-overlooked mobile phone rules, he discovered they could lead to hefty fines and demerit points.

He was shocked by how far-reaching the legislation is.


'I was surprised by the extent of how far the legislation goes and how complex it is,' Alex said.

Drivers caught using their phones while on the road could face fines of up to $593 and four demerit points in Victoria, and up to $1,200 in other states.

The rules governing phone use behind the wheel are strict, with some actions that might seem harmless carrying serious consequences.

For example, even looking at a passenger's phone screen or touching a smartwatch while driving could land you with a fine.

Alex’s video on the rules sparked a divided response from viewers, with many believing the rules were reasonable, while others accused state governments of using the regulations as a form of revenue raising.

'It’s pretty evenly 50-50 split between people who think it’s reasonable and not hard, and the other 50 per cent who accuse the government of revenue raising and say it’s ridiculous,' he said.


The law is strict: if you're caught either by a camera or by police, you're done.

Under the current laws, drivers are forbidden from handling a loose phone, even if it's off, while driving.

You also can’t look at your passenger’s phone screen or pick up your phone and hand it to a passenger.

Learner or P1 drivers are not allowed to use, handle, or even look at a phone, even if it’s securely mounted in the car.

For full-licence holders, there are some exceptions where you can briefly touch or look at your phone, such as answering a call or changing a song, but only for a quick tap.

Even if your phone is in a secure mount, if it previews the content of a text message, you could still be fined.


The rules extend to smartwatches too. You can't read notifications or touch them while driving.

Alex, a former police officer turned lawyer, stressed the importance of educating oneself on the laws.

'I’ve been driving for close to 20 years, I’ve never once got a ticket, and you don’t have to drive like a nanny,' he said.

He suggested that sticking to the rules and using common sense is the easiest way to avoid fines.

While these fines may seem harsh, they aim to curb the growing number of fatalities on Australian roads.


Alex noted that distracted driving is the second biggest cause of serious injuries, just behind drink and drug driving or speeding.

'It’s not that hard to just not use your phone while driving. If it’s that urgent, pull over, put it in park and do whatever you want,' Alex added.

Across the country, mobile phone offences vary by state, with Queensland’s fines being the highest at $1,200—set to rise to $1,250 from 1 July.

In New South Wales, fines for mobile phone and seatbelt offences are $410, with many drivers claiming they've been wrongly fined.


Watch the full video below.



In a previous story, we looked at upcoming changes that could see Aussie drivers hit with even steeper fines.

With penalties already climbing, it’s important to stay informed about what’s coming next.

You can read more about the proposed changes here.


With so many strict rules around mobile phone use while driving, do you think these fines are too harsh or necessary for road safety? Share your thoughts in the comments!