The starting and basic rule is that in NSW Learner, P1 and P2 drivers are NOT permitted to use a mobile device such as a phone or ipad at all.  This includes when waiting at traffic lights or stuck in traffic.  It makes no difference if the vehicle is stationary at the time.  

All other NSW drivers or riders may NOT use their mobile devices to make or answer a call or listen to music unless the device is either in a cradle fixed to your vehicle (and provided one which does not obscure your view of the road) or can be operated without touching any part of the device such as via Bluetooth or voice activation.  Nothing else is allowed.  

To be very clear whilst driving or riding the driver may NOT text or audio text, email, use social media, take photos, video message or hold your phone in any way (not in your hand, not on your lap, not between your shoulder and ear).  If you need to use your device for any of these functions your vehicle must be off the road and safely parked out of the line of traffic.  It is not sufficient that your vehicle is stopped when waiting at traffic lights or stuck in a traffic jam.

The mobile phone detection camera program enforcing illegal mobile phone use by drivers came into force on 1 December 2019.  The program allows for fixed and transportable cameras that will operate at locations across the network.  While the portable versions will be mounted on trailer and operate across the state. The high definition cameras use artificial intelligence to spot drivers, regardless of the weather or time of day.  Known as the Heads-Up Distracted Driving Detection and Enforcement Solution these cameras can be used 24/7.  As with speed cameras, a sensor system records the speed of vehicles, and a specialised camera captures a high-resolution image of the vehicle, driver (with phone) and registration plate. 

Warning letters relation to camera detected offences will be issued for the first three months of the program.  This period is due to end on 28 Feb 2020.  Thereafter the penalty for offending drivers is a hefty five demerit points and a $344 fine ($457 in a school zone).  The penalty increased to 10 demerit points during double demerit period.

If you require legal assistance, please contact us at O’Brien, Connors & Kennett.