A common scenario: You're stuck in traffic, your phone buzzes, and without thinking, you glance down. A roadside camera flashes. Weeks later, a fine arrives, along with demerit points that could cost you your licence.
Distracted driving fines are climbing fast, enforcement is expanding with AI-powered cameras, and the rules differ across states. Whether you’re a learner, P-plater, or full licence holder, here’s what you need to know to stay safe, and stay legal, on the road.
Why Distracted Driving Laws Are Getting Tougher
Distracted driving is now linked to 1 in 5 fatal crashes across Australia. Additionally, using a mobile phone while driving makes a collision four times more likely.
In response, states have rolled out steep fines, licence suspensions, and camera networks that can spot a phone on your lap. Queensland’s fines alone are set to rise another 3.5% from July 2025.
With millions of images captured every year, and courtrooms flooded with disputes, understanding how enforcement works in your state is more important than ever.
Queensland: Highest Fines, Zero Tolerance for Learners
2025 Penalties at a Glance
- Mobile phone use: $1,250 fine + 4 demerit points
- Speeding (10–40 km/h over): $333–$1,918
- Learners and P-platers: Immediate suspension for first offence
Queensland enforces the highest mobile phone fine in the country, with roadside and fixed cameras capturing any interaction, even briefly holding a phone, or resting it on your leg.
Practical tip: Only use voice commands, and only if your phone is mounted in an approved cradle. A single touch without proper setup could cost you!
NSW: Demerit Points That Add Up Fast
Key Penalties
- Mobile phone use: $344 + 5 demerit points (or 10 during double demerit periods)
- Camera disputes: Over 70,000 court cases annually over unclear images
- Heavy vehicles: Double fines for seatbelt and speeding breaches
NSW has some of the harshest demerit penalties, especially for learners. Just 4 points can mean a 3-month suspension. One driver, Ben Digance, was fined despite no phone being visible in camera evidence, he successfully challenged it in court.
Legal insight: If you're issued a fine, review the images online. If the phone isn't clearly visible, you may have grounds to contest the offence.
Victoria: AI Cameras and Seatbelt Crackdowns
2025 Enforcement Highlights
- Phone or seatbelt offence: $555 fine + 4 demerit points
- Unrestrained passengers: Driver is liable
- Phone visibility alone is an offence
Victoria’s detection system uses dual-angle AI cameras to spot phones in laps or even face-up on seats. If your phone lights up and is visible, you can be fined, even if you’re not touching it.
Case spotlight: One driver had her fine withdrawn after proving the device in question belonged to a passenger. Courts are reviewing these cases with growing scrutiny.
Comparing the States: Where You Risk the Most
Disputing a Fine: Know Your Options
1. Check the evidence
In NSW and VIC, you can view photos online. If the phone isn’t visible, or it’s unclear who’s holding it, that can be your defence.
2. Know valid exemptions
- Passing a phone to a passenger (NSW and VIC)
- Making emergency calls (all states)
3. Consider a court challenge
- In QLD and NSW, you can elect to appear in court if demerits would impact your work or licence status.
- Victoria allows challenges on “exceptional circumstances” grounds.
Note: NSW does not offer cautions, even for first-time mobile phone offences.
5 Ways to Avoid Becoming a Statistic
- Set everything up before you start driving, playlists, navigation, and DND mode
- Be wary of passengers as their visible phone could still get you fined in VIC
- Be extra careful in school zones where fines increase
- Know your licence rules: P-platers in NSW face total phone bans, even hands-free
The Bigger Picture: Safety or Revenue?
States justify these laws with safety stats. Queensland, for example, hopes its AI rollout will prevent 25 deaths per year.
But critics argue the system prioritises revenue:
- QLD: $912M projected fine revenue in 2025–26
- VIC: $17M in 6 months from new cameras
- NSW: Over $800M yearly from phone fines alone
Still, the crash data speaks for itself. For example, some studies show that drivers are 10x more at risk of crashing a vehicle if they are texting.
Final Word
Distracted driving enforcement is only going to intensify. Staying informed, adapting your habits, and challenging unfair penalties can protect your licence, and possibly your life.
At Smith’s Lawyers, we’re here to help if a distracted driver has left you injured on Queensland roads. As highly experienced car accident compensation lawyers, with offices in Brisbane, the Gold Coast, Sunshine Coast, Toowoomba, Cairns and beyond, we offer advice and 100% risk-free claims under our No Win, No Fee, No Catch® promise.
Injured in a car accident caused by a distracted driver? Get in touch now for a free case review and legal advice from Queensland’s leading compensation lawyers.
Need help with a traffic fine? Contact our team for a confidential case review.
