Share and Follow
Many Australians may not realize they’re engaging in a risky driving habit when they rest their phones on their laps. This common practice has become an all-too-familiar sight on the roads, with some even attempting to use it as a loophole to dodge penalties for mobile phone offenses. Their argument? The phone wasn’t in their hands, but merely resting on their lap.
However, what these drivers may not fully understand is that this behavior still runs afoul of the law. Across all Australian states and territories, the rules are clear: using or touching a phone with any part of your body while driving is illegal. This includes placing the phone on your lap, leg, or even wedging it between your shoulder and ear.
The penalties for such violations are steep, with fines exceeding $1,200 in some regions. It’s a costly reminder that safety should always come first, and perhaps it’s time for all drivers to reconsider their habits when it comes to mobile phone usage behind the wheel.
Using or touching a phone with any part of your body is illegal in all Australian states and territories, and is punishable by more than $1200 in fines in one state.
That includes resting a phone on your lap, leg, or between your shoulder and ear.
It is still illegal even if you are stopped at traffic lights or stuck in traffic.
Fines and penalties for mobile phone offences in each state and territory are as follows:
- NSW: fines start at $423 and five demerit points
- Queensland: $1,251 fine and four demerit points
- Victoria: $611 fine and four demerit points
- ACT: $548 fine to $674 and three to four demerit points
- SA: $658 fine and three demerit points
- WA: $500 fine to $1000 and four demerit points
- NT: $500 fine and three demerit points
- Tasmania: $410 fine and three demerit points
There are a few very limited circumstances in which drivers can touch or operate a mobile while driving, but while it’s resting in a driver’s lap isn’t one of them.
Fully licenced drivers may use a phone for a few specific things if it is secured in a cradle, or can be operated hands-free (e.g. voice control).
If operating a phone in a cradle, the cradle must be fixed to the vehicle and must not obscure the driver’s view of the road.
A phone in a cradle or being operated hands-free can only legally be used to take or receive audio calls and use music or audio functions like navigation systems.
The only other situation in which it is legal for a driver to touch a phone is if they’re passing it to a passenger.
NEVER MISS A STORY: Get your breaking news and exclusive stories first by following us across all platforms.