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State By State Laws and Penalties
Remember these facts are subject to change so please double check
on the link provided for each state.
The changes implemented in November 2013 was dubbed Brooke's
Law by the Premier of the day Ted Baillieu.
Changes to mobile phone rules for probationary drivers and penalties
toughened for all mobile phone offences
P1 and P2 drivers
No use of any mobile phone function
Young drivers are over-represented in serious road crashes.
Mobile phones and other mobile devices (eg. DVD players or tablet
computers) are major sources of distraction for young drivers, especially as
these drivers are still building experience and developing skills.
From 25 November 2013:
P2 drivers, as well as P1 and learner drivers, must not use a mobile phone
(hand-held or hands-free) for any function while driving (including while
stationary but not parked).
Remember, all probationary drivers who reach 5 demerit points may incur a
licence suspension.
All drivers
Tougher penalties for illegal use of mobile phones and other technologies
From 25 November 2013:
All drivers face tougher penalties for illegal use of a mobile phone or
interacting with other units that have visual displays while driving (eg. DVD
players or tablet computers) that are not driver's aids.
The penalties are:
4 demerit points
$433 fine
Drive using mobile phone when not permitted
Learner or P1 driver use mobile phone while driving  - $304      3 points
Non restricted licence  - $304      3 points
Learner or P1 driver use mobile phone while driving (school zone)
- $405     4 points
Non restricted licence use mobile phone while driving (school zone)
- $405     4 points
P1 licence holder under 25        No Hands free, no wireless headset
$330 and 3 demerit points
P1 probationary licence holder No Hands free, no wireless headset
$330 and 3 demerit points
Passengers of P1 or P1 licence holders can use hands-free kits and wireless
headsets if the driver can only hear 1-side of the conversation and is not
Full Licence holder - $330 and 3 demerit points
South Australia
In South Australia, all drivers who use a hand-held mobile phone while driving
face an on-the-spot fine and will incur three demerit points.
In addition, learner’s permit and P1 licence holders who use any type of mobile
phone function while driving face an on-the-spot fine and will incur three
demerit points.  Remember, if you incur four or more demerit points while the
holder of a learner’s permit or P1 licence you will be disqualified for a period of
6 months and may regress to a previous licence stage.
A motorist whose driving is affected while using a mobile phone may also be
charged by Police with the offence of driving without due care or dangerous
driving depending on the type of driving behaviour.  These offences carry
severe penalties and are not expiable. The maximum court imposed penalty
for driving without due care is $2500.
Remember, if you don’t have proper control of your vehicle because you are
talking on a hands-free mobile phone you are guilty of an offence.
Learner's permit and P1 licence drivers are banned from using any mobile
phone function while driving.
The current penalty is $330 and 3 demerit points for all drivers.
Western Australia
It is illegal to use a hand-held mobile phone while driving. Penalty is a $250
fine and 3 demerit points.
It is illegal to drive a motor vehicle which has a television receiver or visual
display unit operating if any part of the image on the screen is visible to the
driver from the normal driving position. Penalty is a $100 fine and 3 demerit
While the law provides for the making and receiving of phone calls, under the
new laws that came into effect on 1 March 2011 there are some provisions
that must be adhered to. Go to the link for more information.
On 30 November 2009, there will be some changes to the road rules about
using mobile phones and visual display units.
From 1 February 2010, the monetary penalty for illegally using a mobile phone
while driving will increase from $110 to $300. This is in addition to the
increase in the demerit point penalty, from 2 to 3 points, that came into effect
in November 2009.
Using a mobile phone while driving is banned except to make or receive a
phone call provided the phone:
is secured in a commercially designed holder fixed to the vehicle, or
can be operated by the driver without touching any part of the phone.
All other functions (including video calls, texting and emailing) are prohibited.
Holding the phone (whether or not engaged in a phone call) is also prohibited.
'Holding' includes resting the mobile on the driver's lap, or between the chin
and shoulder or passing the phone to a passenger.
Northern Territory
While ‘distraction’ is not an offence in the Northern Territory there are a
number of offences drivers may commit if they make errors as a result of
distraction. These range from not giving way to more serious offences like
speeding and careless driving.

However, there are some specific rules around hand-held mobile devices.
Hand-held mobile phones must not be used while driving (even if you are
stopped at traffic lights). Hand-held mobile phone may be used when you are
parked. Driving with a hand-held-device may result in a $60 fine and the
deduction of three demerit points.

If you are on your ‘Ls’ or ‘Ps’ you are not permitted to use a mobile phone in
any form whilst driving, including hands free devices or texting. You will be
fined $250 and deducted three demerits points if you are an ‘L’ or ‘P’ plate
driver driving using a mobile phone.
Distraction has been identified as a
contributing factor in 22% of car crashes and
near crashes and 71% of truck crashes (and
46% of near crashes) in naturalistic driving
Ref: Olson, R.L., Hanowski, R.J., Hickman, J.S., & Bocanegra, J. (2009). Driver distraction in commercial vehicle operations. Report No.
FMCSA-RRR-09-042). Washington DC: US D
Klauer, S.G., Dingus, T.A., Neale, V.L., Sudweeks, J.D., & Ramsey, D.J. (2006). The impact of driver inattention on near crash/crash risk: An
analysis using the 100-car Naturalistic Driving Study data. (Report No. DOT HS 810 594). Washington DC: National Highway