Is it illegal to use your phone in the car if it is mounted?

Can you use your phone while driving if it’s mounted?

Yes, but much like my Facebook status, it’s complicated. The laws pertaining to whether you may use your phone while driving if it is in a mount vary from state to state/territory and depend on the state in which you reside and what class of licence you currently have.

If you flagrantly ignore these rules – to use your phone to call, text or anything – then, because there are so many high-tech mobile phone detection cameras around (fixed in place or mobile) ready to capture your momentary illegal act in all of its glory, you risk a stern talking-to from a police officer or, more likely, you’ll have to pay a fine.

Are you even allowed to touch your phone if you’re driving a vehicle?

Can you touch a mounted phone while driving? Short answer: yes. Longer answer: again, it’s complicated.

Laws on phone use while driving differ slightly from state to state/territory but a general view is that a driver with a full licence may use or touch their phone to make or receive calls, play audio, or use as a driver's aid for sat-nav/dispatch apps, but only if that phone is in a phone holder.

Can you touch your phone if it’s mounted? If you touch your phone for any other purposes – i.e. sending texts, watching TikToks or updating your Tinder profile – get ready to cop a hefty fine.

Can I use mounted phone while driving? (Sigh.) Have you paid any attention at all? But while we’re here, another crucial aspect worth noting is the fact that Learner, P1 and P2 licence holders must not use a mobile phone at all while in control of a vehicle, whether it is in motion or stationary.

What is the best place to mount a phone in a car?

The best place to mount a phone in a car is in a purpose-built car-mounted phone-holder which is fixed to the vehicle in a position where it does not affect the driver’s clear view of the road and traffic, ahead, behind and to each side of them.

What are the laws regarding phone use whilst driving?

The laws on phone use while driving differ slightly from state to state/territory which is why we’ve crash-tackled the whole issue in order to create our state-by-state/territory breakdown of the rules on phone use in a vehicle.

How do laws against mobile phone use while driving differ across different states?

Australian Capital Territory

In the ACT, “a full mobile device ban is in place for learner and provisional drivers. This includes phone calls using handheld or wearable devices such as headphones or speakers.”

If you have a full (open) licence you’re allowed to use your phone for GPS navigation or to play music as long as “your mobile device is mounted to the vehicle using a mobile phone holder or connected via Bluetooth or wired connection (such as CarPlay or Android Auto), and you do not touch your mobile device or change the settings in any way while you are driving”.

In the ACT, a driver on a full licence is also allowed to make and receive phone calls, but with the following conditions: “If your mobile device is mounted to the vehicle using a mobile phone holder or connected via Bluetooth or wired connection (such as CarPlay or Android Auto), you can touch your device while it is in a mobile phone holder (or use your steering wheel controls or touch the CarPlay or Android Auto screen) to make or receive calls but for no other reason.

“If your device is not mounted to the vehicle or connected via Bluetooth/wired connection, you can still answer or make a call if you do not touch your mobile device, rest the device on your body, clothing or on an item on your lap, or change the settings in any way. For example, you can accept the call using voice activation.”

In the ACT, penalties for the illegal use of mobile devices include: “Using a device for messaging, social networking, accessing apps or the internet: $654 and four demerit points; Using or holding a device for any other reason (unless an exemption applies): $532 and three demerit points.”

New South Wales

Transport NSW has the following guidance and recommendations:

“Don't be tempted to use your mobile phone illegally while driving. Full licence holders may use a mobile phone cradle/Bluetooth fitted in their vehicle."

Suggested alternatives include, "Get a passenger to answer your messages/calls. Put your phone on silent or activate the ‘do not disturb while driving’ function. Divert your calls to voicemail. Pull over when and where it’s safe and legal to do so."

“Learner and provisional drivers are not allowed to use a mobile phone while driving.”

The fine for illegal mobile phone use in NSW is $410, or $544 if detected in a school zone. There's also a penalty of five demerit points for illegal mobile phone use, which increases to 10 demerit points during double demerit periods.

These fines and demerit point penalties apply to camera-detected offences and infringements issued by NSW Police.

Northern Territory

In the NT, drivers can only use a mobile phone while driving to make or receive an audio phone call or as a driver’s aid. This is only permitted if the phone is secured in a commercially designed mount fixed to the vehicle or can be operated by the driver without touching any part of the phone.

"Other similar communications that require you to touch your phone, including emails, text messages, video calls, video messages are not permitted.”

Offences and penalties/demerit points for mobile phone-related offences in the NT include: Drive while using a hand-held mobile phone (fine $500, three demerit points), Learner or provisional using any mobile phone ($500, three points), Drive while image on TV or visual display unit screen is visible to driver ($500, three points) and Drive while image on TV or visual display unit screen likely to distract another driver ($500, three points).

A traffic infringement penalty of $500 also applies for 'Visual Display Unit (VDU) driving offences. A VDU is defined as a device that has a screen which is capable of displaying an image.

Queensland

In the Sunshine State “it is illegal to hold a mobile phone in your hand or have it resting on any part of your body, such as your lap, when driving. This applies even if you're stopped in traffic.

"The phone does not need to be turned on or in use for it to be an offence.”

Also worth noting that “Learner and P1 drivers under 25 must not use hands-free, wireless headsets or a mobile phone's loudspeaker function. If your phone is in a pocket of your clothing or a pouch you're wearing, you must not use it in any way. This includes touching it, looking at it or operating it with your voice.

“Passengers of learner and P1 provisional drivers are also banned from using a mobile phone's loudspeaker function.”

In Queensland, you may be fined $1209 and have four demerit points recorded against your traffic history for using a mobile phone illegally while driving, this includes when you're stopped at traffic lights or otherwise stopped in traffic.

“Double demerit points apply for second or subsequent mobile phone offences committed within one year after an earlier offence,” according to Queensland Transport.

“Hands-free use of a mobile phone can attract fines and demerit points for open and P2 licence holders, if the driver isn’t in proper control of the vehicle or drives without due care and attention.”

South Australia

SA’s Department for Infrastructure and Transport is clear that learner's permit and P1 licence holders “are not allowed to use any type of mobile phone function of any kind while driving. The mobile phone ban includes: using hands-free mode including Bluetooth technology, loud speaker operation, and text messaging.”

It goes on to state, “Except for learner drivers and P1 drivers, a mobile phone may only be used to make or receive a phone call (defined to exclude email, text or video messages) and only if the phone is either secured in a mounting affixed to the vehicle - the mounting must be commercially designed and manufactured for the purpose and attached as the manufacturer intended - or remotely operated - the phone must not be held by or resting on the body (driver’s pocket or pouch excluded) and there must be no touching of the keypad. This is aimed at Bluetooth technology, and earpieces and headsets (which themselves may be touched).”

In South Australia, the court-imposed penalty for “Using mobile phone while driving” is $556 and three demerit points.

Tasmania

It may be the Apple Isle but there’s nothing sweet about breaking the law down there.

Essentially, the driver must not use a hand-held mobile phone to make or receive a call when you are driving or when the vehicle is stationary, but not parked, unless the mobile phone is in a commercially designed holder and fixed to the vehicle and the mobile phone can be operated without being touched.

“You may use the navigational or GPS function and audio functions of a phone while driving, provided the phone is secured in a fixed mounting.”

Illegal use of a mobile phone while driving includes any of the following: holding a mobile phone in your hand or resting it on any part of your body (whether or not you are on a phone call); typing or entering anything into a mobile phone, or sending or looking at anything that is in a mobile phone; or operating any other function of a mobile phone.”

In Tasmania, the penalty for ‘Using handheld mobile phone while driving’ is $390 and three demerit points.

Victoria

In the Garden State “Drivers with a full licence can use a mobile phone or device to make or receive a phone call, use audio and music functions, use GPS navigation or use in-built driver assistance or vehicle safety features.”

So states Transport Victoria, adding “However, the device must be properly mounted or in-built to the vehicle.”

Fully licensed drivers must not touch or use an unmounted mobile phone or device while driving or riding.

The rule book continues, "While driving, riding or operating a vehicle, you must not enter information, text, numbers or symbols (unless using voice control); scroll on the device - such as scrolling through text messages, social media, music playlists; view text messages, social media, emails, websites or photos; watch videos, play games or take video calls.

“These rules apply to all kinds of mobile phones, devices and technologies, whether portable, wearable, mounted or built into the vehicle.”

The driver may use mounted devices or in-built vehicle entertainment/display and navigation systems for functions, such as music and maps, but it is illegal for the driver to enter text, scroll, view images or play videos.

In Victoria, the penalty for ‘Using handheld mobile phone while driving’ is $555 and four demerit points. Ouch.

Western Australia

The Sand Gropers are uniformly strict.

The WA Government follows suit with other states/territories regarding what you can and can’t do with your mobile phone if you’re in control of a vehicle.

Drivers can use a mobile phone to make or receive a voice call while driving a vehicle if: “the phone is secured in a mounting, or the driver doesn’t hold or touch the phone while doing so.

“A driver can use a phone as a driver’s aid (e.g. GPS) if the phone is secured in a mounting and the driver doesn’t hold or touch the phone while doing so.”

However, it is illegal for the driver of a vehicle to touch, hold or use a phone for any other purpose including, “creating, sending or looking at a text message, video message, email or similar communication; taking or viewing photos or videos; accessing or posting to social media; handing the phone to a passenger; managing content being accessed by a passenger and turning the phone on or off”.

In WA, the penalty for ‘Touching or holding a mobile phone to make voice calls’ is three demerit points and a $500 fine, and for ‘Creating or viewing a text, social media, mobile app, video or similar’ the penalty is four demerit points and a $1000 fine.

How do these laws apply to passengers' phone use?

Consensus across the states/territories is if you’re a passenger, you must not use any device if it’s likely to distract the driver, and that may include a phone's loudspeaker function.

So, your best bet is to concentrate 100 percent on your driving and not do anything at all with your phone.