Is using a mobile phone while driving illegal in Victoria?
Usually, yes, unless you are a full licence holder using a properly mounted phone hands-free. The Road Safety Road Rules 2017 prohibit holding a phone, texting, scrolling, using social media, or watching video while driving, and the rules extend to tablets and smartwatches. The official Transport Victoria guidance sets out exactly what each type of driver may and may not do.
The line is about control and attention. A full licence holder can make a hands-free call or follow navigation on a mounted phone, but the moment the phone is in your hand, or you are looking at content, you are likely committing an offence. What feels like a quick glance is enough.
What is the penalty for using a phone while driving?
A $627 fine and 4 demerit points. That is the current infringement penalty for illegal mobile phone use, and the fine amount is reviewed each financial year. If you elect to have the matter heard in court and are found guilty, the maximum rises to 10 penalty units, but the 4 demerit points still apply and a magistrate cannot remove them.
Four demerit points from a single offence is significant. A full licence holder faces suspension at 12 points in 3 years, while a learner or P-plate driver faces it at just 5 points in 12 months, so one phone offence can put a provisional driver close to losing their licence.
What are the rules for learner and P-plate drivers?
They are much stricter, and the answer is simple: no phone use at all. Learner, P1, and P2 drivers must not touch or use a phone while driving, whether it is mounted or not, and they cannot use hands-free functions or look at a smartwatch. The phone must be set up before driving, or the driver must pull over and park to use it.
The table below sets out the difference between a full licence and a provisional or learner licence.
| Driver type | Mounted phone, hands-free? | Hold or touch a phone? |
| Full licence | Yes, for calls, audio, and navigation | No holding, texting, scrolling, or video |
| P1 and P2 | No | No |
| Learner permit | No | No |
The reason for the stricter approach is that new drivers are most at risk from distraction. For a provisional driver, the safest rule is to treat the phone as off-limits entirely while the vehicle is moving.
How do the mobile phone detection cameras work?
Automatically, and around the clock. Victoria’s portable device detection cameras photograph passing vehicles and use artificial intelligence to identify likely phone use, day and night. Images that appear to show an offence are reviewed before any fine is issued, and those that do not are rejected.
The cameras have changed enforcement significantly, catching offences that police patrols never could. In the July to September 2025 quarter alone, distracted driver and seatbelt cameras recorded thousands of offences, so the chance of being caught is far higher than many drivers assume.
What are your options if you get a mobile phone fine?
You have several, and the right one depends on your circumstances. You can pay the fine and accept the demerit points, ask for an internal review, nominate another driver if you were not the one driving, or elect to have the matter heard in court. If the matter does go to court, it helps to understand what happens after being charged and how a contested hearing runs.
Each option has a deadline and its own consequences. Victoria Legal Aid explains the review and court paths, and a review can succeed where there are special circumstances, such as a genuine medical or personal crisis. Choosing well early is what protects both your money and your licence.
Should you pay the fine or contest it?
It depends on whether you have a real basis to fight it. Paying is simplest, but it locks in the 4 demerit points, which matters if you are close to a suspension. Contesting makes sense if you dispute the facts, for example if the phone was mounted and used lawfully, or the image is unclear. A traffic matter that goes to court is not trivial, as our guide on when speeding charges in Victoria become a court matter shows.
If you decide to contest, you can appear yourself or be represented. Some people represent yourself in court for a straightforward fine, while others get advice where a suspension is at stake. The decision turns on what you stand to lose and how strong your basis for contesting really is.
Can a phone offence become a more serious charge?
It can, if the driving was affected. Where phone use contributes to poor driving, police may lay a charge of careless driving instead of, or in addition to, the phone offence, and our guide on careless driving explains how that is treated. A crash or near miss linked to a phone raises the stakes well beyond an infringement.
At that point it is no longer a simple fine, and the outcome can affect your licence and record. Our work on driving and traffic offences covers both infringements and the more serious charges that can follow, so you understand exactly what you are facing before you decide how to respond.
