A $1078 fine and four demerit points for driving with a mobile phone in a bra is a penalty that has divided the internet over the past couple of days.
The woman was issued the fine after the infringement was caught by a seatbelt and phone detection camera on the Gold Coast.
It serves as a warning for all of us who live in the Northern Rivers region and tend to cross over the Queensland/ New South Wales border on a regular basis.
What are the rules for mobile phones while driving?
When the woman took to social media, noting that while the phone was in her bra she did have both hands on the steering wheel, the comments were divided with many people urging her to dispute the fine, with one saying “I’m struggling to work out how a phone down a woman’s bra is any different than a phone in a jeans pocket (which is perfectly legal),” and others reminding her that ‘no part of the body’ should be in contact with the mobile phone while driving.
In New South Wales you can be fined for driving with your phone on your lap.
Each state and territory has their own rules with regard to driving with mobile phones, but they are all the same in one respect – hands off, while driving.
In New South Wales, this chart from the Transport NSW website outlines the general rules:
| Use or Function | Unrestricted licence holders | Learner and provisional licence holders |
| Make or receive audio phone call | Yes, ONLY if the phone is either: ● Secured in a cradle fixed to the vehicle; or ● Can be operated without touching any part of the phone, (e.g. Bluetooth controls) | No. |
| Use music or audio functions | No. | |
| Use as a driver’s aid (e.g. navigation, Speed Adviser app or dispatch system) | Yes, ONLY if the phone is secured in a cradle fixed to the vehicle | No. |
| Access a Digital Driver Licence | Yes, ONLY after a police officer has asked you to do so. | |
| Use wallet functions (make a transaction, show a coupon or voucher, or to access an area) | Yes, ONLY if the vehicle is: ● Stationary; and ● Off the road (such as in a carpark, driveway or drive thru) | |
Learner, P1 and P2 licence holders
Restricted licence holders are not permitted to use their phone at all while driving or riding. This includes use of hands-free and Bluetooth functions, including music streaming such as Spotify.
The New South Wales Government has invested heavily in a network of high-tech cameras which are capable of detecting illegal mobile phone use from as far as a kilometre away, in a range of weather conditions, and at night. Of course, police patrols can also detect illegal phone use.
The penalties – fines and demerit points
The penalty for offending is five demerit points and a $362 fine ($481 in a school zone).
The penalty increases to 10 demerit points during double-demerit periods – it’s important to remember this over the Christmas Holiday period.
- An unrestricted licence (most road users) have 13 points.
- Professional drivers have 14 points.
- Provisional P2 licences have 7 points.
Demerit points stay active on your licence for a 3-year period, starting from the date of the offence.
Disputing mobile phone fines
If you’ve been caught by a camera, or if you are fined by police you will receive a penalty notice which will outline the specific offence and the appropriate penalty.
Instead of paying the fine, you can elect to go to court and appear before a Magistrate in the Local Court.
At court, you can either,
- Enter a plea of guilty and ask the Magistrate for leniency, or
- Enter a plea of not guilty and defend the allegation if you’re innocent.
It’s important to get the right professional legal advice so you understand your options. It’s also important to remember that if the court determines that you are guilty of the offence, you can be fined up to $2,200 as well as the demerit points, which is significantly greater than the original penalty.
This post is informative only. It is not legal advice.
If you have a specific legal matter you’d like to discuss, please contact us.
We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina,
Mullumbimby and Tweed Heads regions on the Far North NSW Coast
