Message from the Chief Commissioner

Crime Prevention & Community Safety

Mobile phones

Release date: Thu 29 March 2007

Last updated: Fri 22 August 2014

Mobile phone

Using a mobile phone whilst driving distracts your attention from the road and prevents you from maintaining proper control of your vehicle.

It is illegal in all Australian states and territories to use a hand-held mobile phone while driving.  This includes:

  • Talking
  • Texting
  • Playing games
  • Taking photo/videos
  • Using any other function on your mobile phone
  • Holding the body of the mobile phone in your hand

Using a hand held mobile phone is also illegal when your vehicle is stationary but not parked e.g. when you're stopped at traffic lights.

Drivers who break this law in Victoria face an on-the-spot fine and incur four demerit points.

Learner, P1 and P2 drivers are not permitted to use a hand-held or hands-free mobile phone while driving.

Hands-free kits

It is illegal to use a hands-free phone whilst driving if it causes you to lose proper control of your vehicle. The penalty is a significant fine and demerit points.

Although a hands-free device can reduce the physical effort to make and receive calls, it does not necessarily make phone use safer while driving. Consider the following suggestions if you must talk on a hands-free phone whilst driving:

  • Make sure the hands-free function is set up and working before you start driving.
  • Keep conversations short.
  • Do not engage in complex or emotional conversations.
  • Explain to your caller that you are driving and arrange a better time to speak with them.
  • If it is distracting you from driving, end the call.
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