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Using your mobile phone while driving is one of the most common traffic offences we see in Adelaide and across South Australia. It’s also one of the most heavily enforced — and the penalties can be harsh, including fines, demerit points, licence suspension, and even criminal charges in serious cases.

The rules are set out in Regulation 300 of the Australian Road Rules (as adopted in South Australia under the Road Traffic Act 1961 (SA)). The law is clear: you must not use a mobile phone while your vehicle is moving or stationary but not parked — unless you meet one of the strict exceptions.

The Basic Rule

You cannot use your phone at all while driving or stopped at traffic lights, in traffic, or anywhere else unless the vehicle is properly parked (handbrake on, engine off, or in a designated parking spot).

What Counts as “Use”?

The Act defines “use” broadly (Reg 300(8)). It includes:

• Holding the body of the phone in your hand (even if not making a call) — except when handing it to a passenger
• Entering text, looking at messages, sending anything, or operating any function (other than by voice)
• Turning the phone on or off
• Any other manipulation of the phone

Even briefly picking up the phone to move it from the passenger seat to the centre console can be an offence.

The Exceptions – When You Can Legally Use Your Phone

You can only use your phone while driving if:

• It’s an audio phone call (not video, text, email, etc.) AND
  • The phone body is secured in a commercially designed mounting fixed to the vehicle, OR
  • The phone is not mounted but not held in your hand, and you don’t press anything or manipulate the phone body at any time during use
• OR the phone is being used as a driver’s aid (e.g., GPS navigation, dispatch system, closed-circuit TV) AND
  • The phone is secured in a proper mounting, AND
  • You don’t press anything or manipulate the phone body during use
• OR you’re driving an emergency vehicle or police vehicle
• OR you’re exempt under another SA law

Voice-activated functions (e.g., Siri, Google Assistant) are generally allowed if you don’t touch the phone — but if you need to press the screen to activate or adjust anything, it’s an offence.

Special Rules for Learners and Provisional Drivers

Learner and P1/P2 provisional licence holders face stricter rules. They cannot use hands-free or Bluetooth functions (e.g., Apple CarPlay, streaming music via phone) while driving — even if the phone is mounted.

What Happens If You’re Caught?

Penalties are serious:

• Fine (currently around $300–$500 for a first offence, plus demerit points)
• Demerit points (usually 3–5)
• Possible licence suspension (especially for repeat offences or high-risk behaviour)
• In extreme cases (e.g., combined with other offences), criminal charges

Why These Rules Exist

Mobile phone use while driving is a major distraction — comparable to drink driving in risk. South Australia enforces these laws strictly to reduce road trauma.

What to Do If You’re Charged

If you’ve been caught using your phone while driving — or think the police got it wrong — early advice can make a difference. At Visual Legal, we review the facts, assess defences (e.g., lawful excuse, improper use of power), and help you respond to the infringement or court summons.

Book a free consultation — we’ll meet in our central Adelaide office or via secure teleconference, listen to your situation, explain your options plainly, and help you protect your licence and record. No pressure, just practical support.

Been pinged for mobile phone use while driving? Let’s talk — get in touch today.