Mobile Phone Use While Driving Can Cost You $1,161

Michael Hays

February 10, 2026

4
Min Read
Mobile Phone Use While Driving Can Cost You $1,161

For many Australian drivers, checking a phone feels harmless, especially in slow traffic or at a red light. But road authorities are warning that even a brief moment of phone use can now result in fines of up to $1,161, along with demerit points that could put licences at risk.

Whatโ€™s catching many motorists off guard is how strictly the rules are being enforced. With expanded camera technology and tougher penalties, drivers are being fined days or weeks later, often without realising they were caught at the time.

Hereโ€™s what drivers are doing wrong, why penalties are so high, and how to avoid an expensive mistake.


What Counts as Illegal Mobile Phone Use

Many drivers believe phone use is allowed as long as the car is stopped or moving slowly. In reality, the rules are far stricter.

Illegal use commonly includes:

  • Holding a phone at any time while driving
  • Touching a phone at traffic lights
  • Picking up a phone to check notifications
  • Scrolling, texting, or selecting music
  • Using a phone not secured in an approved mount

Even momentary contact with a phone can be enough to trigger a fine.


Why the Fine Can Reach $1,161

The $1,161 penalty reflects a combination of base fines, additional levies, and enforcement costs, which vary slightly by state. Authorities have increased penalties to deter distracted driving, which remains a leading cause of serious accidents.

In many cases, the fine is accompanied by multiple demerit points. For repeat offenders, penalties can escalate quickly, leading to licence suspension.

Officials say the severity reflects the risk, not revenue goals.


How Drivers Are Being Caught

Police patrols still play a role, but most fines now come from mobile phone detection cameras. These cameras are designed to capture clear images of drivers using phones inside vehicles.

They can detect:

  • Phones held in the driverโ€™s lap
  • Devices briefly raised to eye level
  • Use while stopped at intersections
  • Actions not easily seen by nearby drivers

Because enforcement is automated, many drivers only learn about the offence when the fine arrives in the mail.


Real Experiences From Drivers

Jason, a tradesperson in Sydney, said he was fined after briefly checking his phone at a red light.
โ€œI thought stopping made it okay,โ€ he said. โ€œThe fine was over a thousand dollars. It hurt.โ€

In regional Queensland, a commuter said the demerit points were just as worrying as the fine.
โ€œI couldโ€™ve lost my licence,โ€ she said. โ€œI didnโ€™t realise how strict it had become.โ€


What Is Allowed Under the Rules

While rules vary slightly by state, phone use is generally only allowed if:

  • The phone is secured in an approved mount
  • The driver does not touch the phone
  • Voice control is used where permitted
  • The device does not obstruct vision

Learner and provisional drivers often face zero-tolerance rules, meaning any phone use is prohibited.


Why Authorities Are Cracking Down

Road safety agencies compare distracted driving to drink-driving in terms of risk. Even short distractions reduce reaction time and awareness.

A road safety official said stronger enforcement is already changing behaviour.
โ€œThese penalties are about preventing crashes before they happen,โ€ the official said.

Authorities argue that the inconvenience of strict rules is outweighed by the lives saved.


How Drivers Can Avoid the Fine

To stay safe and avoid penalties, drivers should:

  • Set navigation and music before starting the trip
  • Use approved mounts and voice controls
  • Keep phones out of reach while driving
  • Pull over safely if phone use is necessary
  • Treat traffic lights the same as moving traffic

Small habit changes can prevent major financial consequences.


Questions and Answers

1. Can I touch my phone at traffic lights?
No, stopping does not make it legal.

2. Are the fines really $1,161?
Yes, depending on the state and circumstances.

3. Do demerit points apply?
In most cases, yes.

4. Can cameras really see inside my car?
Yes, they are designed for that purpose.

5. Is using GPS on my phone allowed?
Only if the phone is mounted and not touched.

6. Are smartwatches allowed?
Interacting with them may still be restricted.

7. What about emergencies?
Only limited exceptions apply.

8. Do passengers face the same rules?
No, passengers can use phones freely.

9. Are learner drivers treated differently?
Yes, rules are often stricter.

10. Can I appeal the fine?
Only if you believe it was issued incorrectly.

11. Will insurance be affected?
It can be, especially after repeat offences.

12. Are fines increasing further?
Authorities have not ruled it out.

13. Does slow traffic change the rule?
No, speed does not matter.

14. Can I lose my licence from one offence?
Itโ€™s possible if demerit limits are reached.

15. Whatโ€™s the safest option?
Do not touch your phone while driving.


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