Road Traffic Act 1961 · 2020 Revised Edition · Part 4 · General Provisions Relating to Road Traffic
65B. Use of mobile communication device while driving
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A driver commits an offence by holding and using a mobile device while the vehicle moves. The penalty is a fine up to $1,000, prison up to 6 months, or both. A repeat offender faces a fine up to $2,000, prison up to 12 months, or both. A wearable device, like a smart watch, worn as intended is not covered.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2020. 2 amendments in all.
A driver of a vehicle who holds in his or her hand a mobile communication device and operates any of its communicative or other functions, while the vehicle is in motion on a road or in a public place is guilty of an offence and is liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
vehicle
“vehicle” means any vehicle whether mechanically propelled or otherwise;
To avoid doubt, subsection (1) does not apply to a mobile communication device that is a wearable device (such as a smart watch), when it is worn by the driver or rider in the manner intended by the manufacturer of the wearable device.
Where a person who is convicted or found guilty of an offence under subsection (1) is a repeat offender, the person is liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
In this section —
“communicative function” means any of the following functions:
sending or receiving oral or written messages, audio phone calls or video calls;
sending or receiving electronic documents;
sending or receiving still or moving images;
sending or receiving audio or video files;
providing access to the Internet;
“mobile communication device” means —
a mobile phone; or
any wireless handheld device (such as a tablet computer) or wearable device (such as a smart watch) designed or capable of being used for a communicative function;
“repeat offender”, in relation to an offence under subsection (1), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of —
an offence under subsection (1);
an offence under section 65B as in force immediately before 1 February 2015; or
an offence under section 65B as in force immediately before 1 August 2020,on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence.