Using mobile phones while driving

It’s safest not to use a phone when driving. However, in limited circumstances, it’s legally acceptable.

Legal phone use, even by very experienced drivers, can still be distracting and increase the risk of a crash. Make sure you know the law and set up your phone to make your drive as safe as possible.

What does the law say?

111 calls

A driver can legally make a 111 call when a phone is not mounted or operated hands-free if it isn’t safe or practical to stop the car and make the call.

Phone must be mounted or operated hands-free

If the phone is secured and operated in the way outlined below, you can legally use your phone while driving. It can only be used to:

• make or receive an audio phone call
• use music or audio functions
• use for navigation or GPS.

The phone cannot legally be used for any other purposes while driving, including when stopped at an intersection or in traffic. The penalty for using a hand-held mobile phone while driving is $150 and 20 demerit points.

Before beginning the drive, ensure the phone is:

• secured in a mounting fixed to the vehicle that doesn’t obstruct the driver’s view, and you touch the phone infrequently and briefly, or
• operated without touching any part of the phone (by Bluetooth, voice activation, or using the controls that are part of the car steering wheel or dashboard).

If the phone cannot be secured or operated in this way, you cannot legally use your phone while driving.

Land Transport (Road User) Rule 2004(external link)

Best practice phone use while driving

Don’t use a phone at all

Let calls go to voicemail and don’t respond to any messages you receive. Only use your phone once you’ve pulled over and parked safely. This is the safest choice.

Use Do Not Disturb function

Use an app or function like ‘Do not disturb on your phone while driving’ on your phone. Text messages and other notifications are silenced or limited, but you can still play music and get navigation assistance.

Watch these videos on how to turn on Do Not Disturb for both Apple and Android users.

Secure your phone

Use it on a hands-free device/mounting – while this is practical, it still carries risk.

Your device cannot block the driver’s view. It’s important to keep your windscreen clear, not just because the law requires you to but for safety. You need to see the road well - not just in your “critical vision area” but also your sideways view of parked cars, pedestrians, cyclists and others. 

If you use a GPS unit or tablet for directions, these need to be easy for you to see, but must also be placed to ensure your views are not dangerously obstructed.  A good guide for this is not to cover any of the inner windscreen area 65mm from the bottom, or 90mm from the top or side of the windscreen.

Windscreen critical vision area – to be measured from the inside of the vehicle from the point where the glass is visible (ie after any seals).

Wrong position – slightly to the left, on the windscreen and obstructing the view.

Correct position – off the windscreen, in the centre of the dashboard.

Limit use

Use your device only for navigation (enter the destination before you drive) or as a music source (set it up before you drive).