Using a mobile phone illegally in New South Wales: Demerit Points & Fine (2026-27)
Penalty notice, 2026-27 (current TfNSW figure)
NSW Government offence and demerit schedule · 2026-27 schedule- Double demerits: Yes — points double during NSW holiday double-demerit periods (fines unchanged)
- Learner / provisional: Learner, P1 and P2 drivers must not use a mobile phone at all while driving, including hands-free and while stationary in traffic (official nsw.gov.au safe-driving page). Same penalty notice applies (offence dataset lists identical fine for L/P under Road Rules 2014 Rule 300-1); 5 points (10 in double demerit periods) exceeds the L/P1 4-point cap, so a single offence costs a learner or P1 driver their licence.
Mobile phone offences cover using a handheld phone while driving, which generally includes holding or resting it, making or taking calls, texting, and interacting with apps or social media. The rules also apply while stopped in traffic, since the vehicle is still regarded as being in use on the road. What a fully licensed driver may do hands-free is often more restricted for learner and provisional drivers, who are typically barred from using a phone at all while driving.
Detection increasingly relies on dedicated phone-detection cameras that photograph the cabin and flag likely phone use, alongside police observation at the roadside. Because the camera captures the vehicle, the notice is usually issued to the registered operator. Some jurisdictions separate phone offences into tiers, treating simple handling less seriously than texting or scrolling social media, which draws a heavier penalty.
Penalties are set at a high level because taking your eyes off the road to use a phone is strongly associated with crashes, and the offence is a frequent trigger for the holiday or repeat-offence loadings that some states apply. The specific points and fines vary by jurisdiction and are set out in the schedules above.
Frequently asked questions
- What happens if I'm caught — using a mobile phone illegally in NSW?
- The standard penalty is 5 demerit points and a $434 fine.
- How close does this put me to suspension in NSW?
- 13 points within 3 years on a full (unrestricted) licence — 14 for professional drivers. This offence adds 5 points to your record.
The same offence in other states
- VIC: Using a handheld mobile phone
- QLD: Using a handheld mobile phone
- WA: Texting or social media on a phone while driving
- WA: Holding or touching a phone while driving
- SA: Using a handheld mobile phone
- TAS: Using a handheld mobile phone
- ACT: Using a mobile phone (calls / general use)
- ACT: Using a phone for messaging or social media
- NT: Using a handheld mobile phone
- All NSW offences
Standard first-offence penalty for a full-licence holder unless noted. Information, not legal advice — if your licence is at stake, get legal advice.