Mobile Phones

A driver of a vehicle, can only touch a mobile phone to receive and terminate a phone call if the phone is secured in a mounting affixed to the vehicle. If the phone is not secured in a mounting, it can only be used to receive or terminate a phone call without touching it (e.g. using voice activation, a Bluetooth hands-free car kit, ear piece or headset).

It is illegal for the driver of a vehicle to create, send or look at a text message, video message, email or similar communication, even when the phone is secured in a mounting or can be operated without touching it.

GPS may be used by a driver whilst driving if no touch of the keypad or screen is required.

Unlike NSW, in WA the same rules apply to all drivers, including L and P plate drivers.

Offence Penalty Demerits
Using a hand held mobile phone whilst driving $400 3
Creating, sending or looking at a text message $400 3
Video message $400 3
Email or similar communication whilst driving $400 3


The information available on our website provides a simple interpretation of the law and is not intended to constitute legal advice. Full details of traffic offences and penalties are contained in the Road Traffic Code 2000.