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Texting and Driving

In September 2018 the New South Wales Government introduced their harshest laws yet regarding mobile phone use while driving. Under the new legislation drivers who are caught illegally using phones will face five demerit points which is an increase from the previous penalty of four demerit points. On Long Weekends, where double demerits apply, motorists can be penalised 10 points.

Full License Holders

Under the new legislation, drivers who hold a FULL New South Wales License may use a mobile phone if the phone is secure in a cradle and doesn’t obscure a driver’s vision of the road. This can be to make or answer calls, play music, use as a navigation system or to use as a dispatch system (Uber/Taxi Drivers). It may also be used without being touched, either through Bluetooth phone controls or voice activation. The only time you can touch your mobile phone, when not secured in a cradle is if you are passing it to a passenger.

Learners, P1 and P2 Drivers

For Learners, P1 and P2 Drivers Mobile phones must not be used under any circumstances. If Learners and P1 drivers are caught illegally using a mobile phone, they will automatically loose their license for a period of three months.

It is now more likely than ever that you could be caught illegally using your mobile phone while driving with approximately 42,000 fines handed out last year in NSW alone. Further, there are now several hundred cameras across NSW that can detect illegal mobile phone use.

If you are physically caught by a Police Officer, it is important to remain calm and courteous in your dealings with Police.

Getting caught illegally using a mobile phone while driving can be a stressful experience, especially if it means you face a license disqualification which could negatively impact your personal and work life.

Brady and Associates Lawyers are specialists’ traffic and criminal lawyers and can assist you in license suspension appeals. If you would like to get in contact with us please give us a call on 9545 3273 or Contact Us.

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