Can you legally use your phone in the car if it is mounted?
A common piece of tech Aussies rely on to bypass mobile phone detection is landing them with hefty fines. So, is it legal or not?
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Mobile phone detection cameras are becoming more widespread, and they’re catching thousands of Aussie drivers, resulting in hefty fines.
One popular workaround is using a phone mount. But does mounting your phone mean you’re in the clear?
Not necessarily. While phone mounts can make it easier to follow the rules, you can still be fined for touching your phone — even if it’s secured in a cradle — depending on how and why you’re use it.
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The laws around mounted phone use vary by state and territory, especially for learner and provisional drivers.
A common misconception often involves whether learners and P-platers can use a phone-mounted cradle while driving.
Nearly all states and territories ban P1 and learner drivers from using a phone mount for any purpose, with the only exception coming from Victoria (more below).
Green P-platers in QLD, SA, WA, and TAS can have the phone in a cradle as long as you follow the rules for full-licensed drivers listed below.
Here is everything you need to know about phones in cradles.
New South Wales
According to ServiceNSW’s website “phone holders must be commercially manufactured and fixed to your vehicle and must not obscure your vision.”
Full license holders are allowed to use and touch their phones while it’s in a phone holder to make and receive calls, play audio, or use them as a driver’s aid, like navigation.
However, touching a phone while it’s in the holder for texting or watching videos is strictly prohibited.
It’s a $410 fine, or $544 if the offence is detected in a school zone, and five demerit points.
Victoria
The Transport Victoria website states, “drivers with a full licence can use a mobile phone or device to make or receive a phone call, use audio and music functions, use GPS navigation, or use in-built driver assistance or vehicle safety features.”
However, this only counts if the device is “ properly mounted or in-built to the vehicle.”
For learners and probationary drivers, using a phone for audio and GPS is allowed only if the phone is mounted in a commercially designed cradle and the driver does not touch it while moving.
Drivers holding any license are not allowed to text, scroll, or watch videos while operating a moving vehicle.
The fine for using a phone while driving in Victoria is $593 and four demerit points.
Queensland
Transport Queensland says drivers with an open or P2 licence “are allowed to touch their mobile phone for hands-free use if the phone is in a cradle attached to the vehicle.”
Hands-free use includes accepting a call, using navigation apps, skipping a song or accepting/ending a trip as a rideshare driver.
The website also notes, “the position of your mobile phone must not obscure the driver’s view of the road.”
The fine for using a phone while driving in Queensland is $1209 and four demerit points.
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Western Australia
Western Australia also enforces tough restrictions on mobile phone use behind the wheel.
According to Transport WA, “drivers can only touch a mobile phone to make, receive and terminate calls if the phone is secured in a cradle mounted to the vehicle”.
“It is illegal for all drivers to create, send or look at a text message, video message, email or similar – even if the phone is mounted in a cradle or can be operating without touching it.”
Even if the phone is mounted, dictating a text through Siri could still get you fined.
WA’s laws also prohibit touching your phone to skip a track or adjust navigation, similar to South Australia’s restrictions.
Drivers can be fined $500 and given three demerit points if they’re caught touching their phone. But if you’re caught creating, sending or viewing a message, email, or social post, the penalty jumps to $1000 and four demerit points.
South Australia
In South Australia, the rules around phone use are particularly strict. According to the Department of Infrastructure South Australia ”A mobile phone may only be used to make or receive a phone call (defined to exclude email, text or video messages) and only if the phone is either secured in a mounting affixed to the vehicle or remotely operated”.
Unlike in other states, you can’t touch your phone to skip a song, change a podcast, or adjust navigation, even if it’s sitting in a legal cradle.
Breaking these rules comes at a high cost, drivers caught using their phones unlawfully face a $556 fine, an additional $102 Victims of Crime Levy, and three demerit points.
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Tasmania
According to Transport Tasmania, “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.”
Accepting, declining, and making a phone call are allowed if the phone is in the cradle, but drivers could be fined for all other actions while driving.
Drivers caught misusing their phone face a $390 fine and three demerit points.
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Australian Capital Territory
Full licence holders can play music, use GPS navigation, and make or receive phone calls, but only if the phone is secured in a cradle mount or connected via Bluetooth, Apple CarPlay, or Android Auto.
You’re also allowed to make and receive phone calls on your full licence, “If your mobile device is mounted to the vehicle using a mobile phone holder or connected via Bluetooth or wired connection (such as CarPlay or Android Auto), you can touch your device while it is in a mobile phone holder (or use your steering wheel controls or touch the CarPlay or Android Auto screen) to make or receive calls but for no other reason”.
If you’re caught using your phone for anything else, you could face a $654 fine and four demerit points.
Northern Territory
In the Northern Territory, mobile phone rules are slightly more flexible, but still come with clear limits.
Road Safety Northern Territory says “drivers can only use a mobile phone while driving to make or receive an audio phone call or as a driver’s aid. This is only permitted if the phone is secured in a commercially designed mount fixed to the vehicle or can be operated by the driver without touching any part of the phone”.
Drivers can touch their phones when making or receiving a phone call or operating navigation, but texting, watching videos, and video calling are prohibited.
The fine for misuse of mobile phones is $500 and three demerit points in the Northern Territory.
Originally published as Can you legally use your phone in the car if it is mounted?
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