New mobile phone laws could hit you with fines of up to $1,200—are you ready for the penalties?

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.


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Lawyer warns Aussies over hidden phone laws. Image source: Titkok/loftgood


'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.


Source: Tiktkok/loftgood



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.

Key Takeaways
  • Many Aussie drivers unknowingly break mobile phone laws, risking fines and demerit points.
  • Even small actions, like looking at a passenger’s phone or touching a smartwatch, can result in hefty fines.
  • Distracted driving is the second leading cause of road injuries, behind drink and drug driving or speeding.
  • Mobile phone fines vary by state, with Queensland's fines the highest at $1,200, rising to $1,250 in July.

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!
 

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If the phone is in the glovebox, there cannot be a fine.
The next step is to have the driver enclosed in a box with no outside distractions.
The next thing the driver will be fined for eating whilst driving...... be sure they are thinking of ways of increasing revenue and keeping the police force busy.
 
If the phone is in the glovebox, there cannot be a fine.
The next step is to have the driver enclosed in a box with no outside distractions.
The next thing the driver will be fined for eating whilst driving...... be sure they are thinking of ways of increasing revenue and keeping the police force busy.
You can already be charged for eating while driving. It’s done as careless driving
 
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The confusion still reigns. The lawyer says "obey the law and use common sense". Common sense, no such thing. Sense we get from our own history. We all have different events and history. Obey the laws, but at first we have to learn them and also keep abreast of changes, as required by responsibility as license holders. Reality is, do what it takes to prevent injury and damage to yourself and others.
 
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If the phone is in the glovebox, there cannot be a fine.
The next step is to have the driver enclosed in a box with no outside distractions.
The next thing the driver will be fined for eating whilst driving...... be sure they are thinking of ways of increasing revenue and keeping the police force busy.
If the police put in as much effort in preventing real crime, such as youth offenders and fining them , they would raise a hell of a lot of money.
 
The confusion still reigns. The lawyer says "obey the law and use common sense". Common sense, no such thing. Sense we get from our own history. We all have different events and history. Obey the laws, but at first we have to learn them and also keep abreast of changes, as required by responsibility as license holders. Reality is, do what it takes to prevent injury and damage to yourself and others.
I agree with your comment about mobile phones. Have you seen how thick the road traffic act is? We aren't told when new laws are added or others changed. The majority of Police don't know all of the Road Traffic Act. Get incorrectly booked 3 times and nothing listed in Road Traffic Act - loss of wages 3 times - all by the same Police Officer. What does that tell you.
 
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In reality, how about fining drivers for looking at these monstrous in-dash displays which show an INCOMING TEXT MESSAGE!
Is that a request? :cool:

While the research suggests that all distractions are undesirable, it is the 'handling and operating' of mobile phones that is being seen as especially distracting and dangerous.

That is why it is allowed to take calls from a cradled phone using the car dash. That is also why the functions on the car dash using 'CarPlay' are so limited, eg you can change functions, dictate a text (but not type), select a favourite GPS location but not type in a search, etc.
 
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And they say you should check your side/rear view mirrors often for safety reasons, how do you do that without keeping your eyes on the road ahead.
What a bunch of hypocrites, it is purely revenue raising. Digital technology gone mad.
 
The fines are excessive. Councils and the police hide behind the comment of "Road Safety", when in reality it is largely a major source of revenue that they are protecting. $140 for an expired parking meter and $198 for "incorrect " parking in a shopping center parking lot. Their pathetic cries that they are doing all this because they care about my and other road users safety wears a bit thin. We need a petition against these excessive fines. Remember also that if there are demerits attached to the fine, you lose the discount when you renew your licence. Another source of revenue.
grumpyoldman
 
An infringement notice looking for at a smart watch? How about looking at a ordinary watch?

In reality, how about fining drivers for looking at these monstrous in-dash displays which show an INCOMING TEXT MESSAGE!
I thought that having a rather large screen in our new car would be distracting but it isn’t. I simply activate whatever settings I need & then don’t even look at it while driving. Ted has his mobile connected, while I simply ignore mine, I’ll return calls later.
 
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The confusion still reigns. The lawyer says "obey the law and use common sense". Common sense, no such thing. Sense we get from our own history. We all have different events and history. Obey the laws, but at first we have to learn them and also keep abreast of changes, as required by responsibility as license holders. Reality is, do what it takes to prevent injury and damage to yourself and others.
From what I've seen common sense is non existent when driving?
 
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Is that a request? :cool:

While the research suggests that all distractions are undesirable, it is the 'handling and operating' of mobile phones that is being seen as especially distracting and dangerous.

That is why it is allowed to take calls from a cradled phone using the car dash. That is also why the functions on the car dash using 'CarPlay' are so limited, eg you can change functions, dictate a text (but not type), select a favourite GPS location but not type in a search, etc.
What is your take of the interior of a Mercedes Benz EQE with a MBUX Hyperscreen?

1730311431514.jpg

Talk about a visual overload!

Some vehicles even have headlights, windscreen wipers, climate control and entertainment operated by such screens. And don't get me started on "heads up displays".hud_ix_1_st.jpg

This is the interior of a BMW iX. The "authorities" have a problem with a mobile phone in one's hands. How about these epitomes of distractions?
 
No I don’t think they are harsh. It is easy to be distracted and if these laws can avoid tragedy then they should be upheld. It annoys me to see drivers ignoring them obviously in a deep conversation and not paying attention to other road users
 
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What is your take of the interior of a Mercedes Benz EQE with a MBUX Hyperscreen?

View attachment 72496

Talk about a visual overload!

Some vehicles even have headlights, windscreen wipers, climate control and entertainment operated by such screens. And don't get me started on "heads up displays".View attachment 72498

This is the interior of a BMW iX. The "authorities" have a problem with a mobile phone in one's hands. How about these epitomes of distractions?
I believe that heads up displays are a safety feature. They reduce the time taken to monitor data, and allow at least partial ongoing awareness of the road ahead, compared to looking down at the dash area, because the driver still has the line of sight of the road, even if focus is less sharp (although not as bad as the camera lens used for the above photo). Similar to how on-wheel controls allow operation of some things without taking hands off the wheel or looking at the dash.

I think we are agreeing that all distractions are undesirable, so it's a matter of degree. As cars get more and more features, especially entertainment and control features, the problem becomes how to access those features safely. One way is to keep the driver's hands and eyes in proximity to the wheel and to the line of sight of road ahead. Another way is to restrict the touch-based features while on the move: some in-car entertainment systems already do this, and so do the 'CarPlay' apps that connect one's phone to the car. If the Mercedes 'hyperscreen' system you showed does this, then it is not as bad as it looks. The final measure that I would like to mention is verbal controls: if made reliable and comprehensive they will improve safety, eg saying "set passenger zone temperature to 26 degrees" is much safer than starting to tap away on that 'hyperscreen' to find the climate control menu and make adjustments by hand.

cheers
 
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Reactions: PattiB
What is your take of the interior of a Mercedes Benz EQE with a MBUX Hyperscreen?

View attachment 72496

Talk about a visual overload!

Some vehicles even have headlights, windscreen wipers, climate control and entertainment operated by such screens. And don't get me started on "heads up displays".View attachment 72498

This is the interior of a BMW iX. The "authorities" have a problem with a mobile phone in one's hands. How about these epitomes of distractions?
Have you driven these particular vehicles Veggiepatch?
 
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Reactions: Veggiepatch

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