Caught with Your Phone at the Wheel? Understanding Mobile Phone Driving Offences

For many drivers, the temptation to glance at a phone while waiting at the lights or stuck in traffic feels harmless. Yet in Victoria, mobile phone offences are among the most common reasons people receive traffic infringements. Authorities take these rules seriously because distraction is a leading contributor to crashes. Even a moment of inattention can have significant consequences, not only for safety but also for your licence and livelihood.

This blog breaks down the laws, the penalties involved, and the steps you can take if you are caught. It also explains how legal assistance for traffic matters in Ballarat may help drivers navigate options and deal with the impact of an infringement.

What Counts As Illegal Mobile Phone Use While Driving?

The law is designed to reduce distractions, covering more than simply holding a handset to your ear.



• Holding or resting a phone on your body while driving or stopped at traffic lights.
• Typing, reading, or scrolling through messages.
• Using apps, browsing the internet, or watching videos.
• Operating navigation on a phone that is not properly mounted.

Hands-free or voice-controlled functions are generally permitted for fully licensed drivers, but probationary drivers and learners face much tighter restrictions. The principle is simple: if the action takes your eyes or mind off the road, it will likely be an offence.

Rules For Different Licence Holders

Victoria applies different rules depending on the licence type. These variations can make the difference between keeping or losing a licence.

• Learners and P1 drivers: No use of phones at all while driving, including hands-free or voice commands.
• P2 drivers: May use hands-free functions but cannot physically handle the phone.
• Full licence holders: May touch a phone only if it is secured in a commercial cradle, and only for functions like initiating a call, navigation, or adjusting audio.



The tighter restrictions for less experienced drivers are based on research linking inattention with higher crash risks.

Penalties For Mobile Phone Offences

Mobile phone offences attract both fines and demerit points. These can quickly affect licence status, especially for drivers with recorded points.

• Fines: Camera-detected offences and roadside stops both attract substantial penalties. Fine amounts are indexed each July and can exceed several hundred dollars.
• Demerit points: Four points may be added to a driver’s record for a single offence.
• Repeat offences: Multiple infringements in a short time can lead to suspension notices.
• Commercial drivers: Because of higher safety responsibilities, they face serious consequences if caught.



To illustrate, a full licence holder with eight points already on their record may lose their licence if caught using a phone again. For P-platers, even one offence can result in loss of licence.

The Impact On Different Drivers

The same infringement notice can affect drivers very differently.

• P-platers: Even one infringement can cause licence cancellation or an extended probation period.
• Commercial drivers: A suspension could mean loss of work or contract restrictions.
• Repeat offenders: May face escalated penalties and reputational impact if court proceedings are involved.

Because of these differing outcomes, many people seek legal assistance for traffic matters in Ballarat when they receive a phone offence notice.

What To Do If You Are Caught

After a camera detection, you may be handed an infringement notice on the roadside or sent one by mail. It will outline the fine, the number of demerit points, and your options.

• Pay the fine: Accepting liability means points are added to your licence.
• Nominate another driver: If you were not the driver, you must submit the nomination within the timeframe stated.
• Request an internal review: Grounds include a genuine mistake, a medical emergency, or exceptional circumstances.
• Elect to go to court: Some drivers choose this if they believe they have a valid defence.



Deadlines matter. Ignoring a notice can lead to additional fees and enforcement action. Seeking advice can help clarify which option fits your situation.

When Legal Assistance Can Help

Legal support does not make an offence disappear, but may guide drivers through complex processes. Assistance may involve reviewing the infringement notice and reclaiming your rights.

• Discussing whether grounds exist for requesting a review.
• Helping prepare documents if electing to go to court.
• Advising on how penalties may affect your licence and work.



This type of support may be especially useful for drivers with prior offences, commercial responsibilities, or a limited understanding of court procedures.

Common Scenarios Where Drivers Seek Support

Certain groups of drivers are more vulnerable to the impact of phone offences.

• P-platers: Losing a licence can disrupt study, employment, or family commitments.
• Commercial drivers: Fines and suspensions may lead to job loss or contract penalties.
• Repeat offenders: Facing the possibility of longer suspensions or court involvement.
• Drivers with family obligations: Licence suspension can disrupt essential travel such as school drop-offs or medical appointments.



In each case, exploring available options may provide clarity and help manage outcomes.

Staying Safe And Avoiding Offences

Prevention is always preferable to dealing with fines. A few simple habits can reduce risk significantly.

• Mount your phone in an approved cradle before setting off.
• Enter navigation details before starting the engine.
• Activate “Do Not Disturb” or driving mode to silence notifications.
• Use voice controls for calls and audio functions only.
• Pull over safely if you need to send a message, adjust an app, or check directions.

For learners and probationary drivers, avoiding interacting with a phone until parked is safest.

Why Authorities Take Mobile Phone Use Seriously

Victoria has invested in mobile phone detection cameras to capture offences that previously went unnoticed. Authorities link these rules to reducing road trauma, highlighting that even a two-second glance at a phone can double crash risk. By removing common distractions, the goal is to protect drivers, passengers, and other road users.

This explains why penalties are substantial and why enforcement continues to expand across the state.

Get Legal Assistance For Traffic Matters In Ballarat

At David Tamanika Solicitor, we assist people with mobile phone driving offences and other traffic matters in Ballarat. Whether you are a P-plater worried about losing your licence, a commercial driver facing restrictions, or someone needing guidance on responding to an infringement, we can help you understand your options. Contact us via our website or call us today to discuss how we may assist with legal assistance in Ballarat.