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Using a mobile phone while driving is considered a very serious offence, as it poses a significant risk to the safety of the driver, passengers, and other road users. The term “mobile phone” in this context refers to any handheld device that can be used for communication or entertainment purposes, including smartphones, tablets, and other portable devices.
Under the Road Rules 2014 in NSW, it is an offence to use a mobile phone for any function while driving, including taking photos or videos with the camera. This applies to:
The only exceptions are if the phone is secured in a hands-free cradle fixed to the vehicle, or you are legally parked out of the line of traffic.
To secure a conviction for using a mobile phone camera while driving, the prosecution must prove beyond reasonable doubt that:
Evidence may include police testimony, photos/videos taken by officers, and witness statements.
Under the Road Rules and other legislation, police officers have the power to stop vehicles and issue infringement notices or court attendance notices if they reasonably suspect a driver has committed a mobile phone offence. This includes:
Several other charges may apply in relation to illegal mobile phone use while driving, including:
If the mobile phone use contributes to a collision or other incident, more serious charges like dangerous driving may also apply.
In 2022, a 27-year-old woman was fined $349 and lost 5 demerit points after being caught by police using her mobile phone to take photos while stopped at a red light in Sydney’s CBD. The woman claimed she was taking pictures of buildings but was still penalised as the vehicle’s engine was running and she was considered “driving” under the law.
The penalties for illegally using a mobile phone camera while driving in NSW are:
For drivers who have held their P1 or P2 license less than 2 years, using a mobile phone camera results in an automatic 6-month suspension. Repeat offences within a 5-year period attract increased fines and demerit penalties. The penalties aim to deter this dangerous behaviour which significantly increases the risk of accidents due to driver distraction and inattention.
Most cases of using a mobile phone camera while driving are heard in the Local Court as summary offences. The typical process involves:
In very rare and extreme cases involving mobile phone use that results in serious injury or death, charges may be prosecuted as indictable offences in the District Court or Supreme Court. This process involves:
If convicted in the Local Court for using a mobile phone camera while driving, sentencing options include:
For learner, P1 and P2 license holders, using a mobile phone camera results in an automatic 6-month license suspension. The penalties aim to deter this dangerous distracted driving behavior that increases accident risks.
No, you cannot use your phone's camera or any other function while temporarily stopped at traffic lights or in traffic. The vehicle's engine must be turned off and you must be legally parked to use your phone.
In NSW, demerit points from a mobile phone camera offence remain on your driving record for 3 years from the date of offence. This can impact things like demerit point suspensions.
This information should not be considered legal advice. Every case is unique and the outcome will depend on the specific evidence and circumstances. If you are facing charges for using a mobile phone camera while driving, it’s strongly recommended to seek legal representation from an experienced traffic lawyer who can advise on the best defence strategy and protect your rights in court.
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