NSW road rules: changes to mobile phone and intersection laws

By Tim Beissmann
October 25th, 2012

FIND DEALS

The NSW Government has announced a series of changes to the road rules affecting the use of mobile phones while driving and relating to conduct at intersections, roundabouts and around pedestrians.

The changes come into effect on November 1, 2012, and apply to all road users across the state.

The new laws make it clear that a driver in a moving or stationary vehicle (unless parked) must not hold a phone in their hand other than to pass the phone to a passenger.

The penalty for breaking the law is three demerit points and a $298 fine, or four points and $397 in a school zone.

The rule states that while a vehicle is moving or stationary (but not parked) a driver may only use a mobile phone to make or receive a call or use the audio playing function if the phone is secured in a fixed mounting. If not in a mounting, use of the phone must not require the driver to touch or manipulate the phone in any way.

Learner and Provisional P1 drivers are not permitted to use any function of a phone (including hands-free) while driving.

Additionally, ‘visual display units’, including devices such as smartphones and GPS units, being used as a driver’s aid function (e.g. navigation) may only be used if they are secured in a fixed mounting. The mounting must be commercially designed and built for the purpose, and positioned where it does not obscure the driver’s view.

As with mobile phones, the penalty for inappropriate use of a visual display unit is three demerit points and a $298 fine, or four and $397 in a school zone.

A number of traffic-related offences have also been updated.

The penalty for failing to give way to a pedestrian crossing the road that you are turning into is also three demerit points and a $298 fine, and four and $397 in a school zone.

Concerning roundabouts, drivers entering roundabouts and intending to turn either left or right must give sufficient warning to other road users by signalling before entering the roundabout. Previously, drivers had to indicate only when entering the roundabout.

Additionally, when exiting a roundabout, drivers must always indicate a left turn just before exiting, whether turning left, right or even straight ahead, unless is it impractical to do so.

Failure to obey these rules attracts two demerit points and a $165 fine.

Drivers may also receive three demerit points and a $298 fine for performing a U-turn over a single continuous dividing line, a single continuous dividing line to the left of a broken line, or two parallel continuous dividing lines. The penalty increases to four points and up to $1191 for drivers of heavy vehicles, while cyclists can also be given a $66 fine.

A document detailing all the changes can be downloaded from the NSW Roads and Maritime Services website (formally the RTA).

Sponsored Ads

Evil Trol

Good sensible changes designed to keep us all safe.
Pauly

I thought all these rules were common sense? I already perform basically all these actions on a day to day basis regardless. Im surprised they were never law?
- Huwtm
  
  Actually I think you’ll find the turn round about stuff has been around for a while. Technically all those Tom Toms that stick on your windscreen are going to be illegal, though a rep can stick a pad on there, by the sound of it.
Guest

How come it’s news now? As above, weren’t they the rules since the early 90′s?? That’s how I was tested to get my L’s back then. Were they cut out to bring out an abbreviated version of the road user’s handbook?
Wile E Coyote

Yeah good… these changes should have been in from the start and are common sense. Now the RTA should work on the timing of traffic lights.You would think the RTA had shares in the oil companies the way that Sydney main roads are not let flow in peak hours i.e. are held up by minor road traffic light intersections.Have other drivers noticed this?It is so infuriating.
Hey that’s right the govt does get more tax the more fuel is burned so traffic congestion is in their financial interest.(Interesting conspiracy theory but more likely is due to RTA incompetence).
Dave W

The only update is the more demerit points and increased fines. The govt is really milking it now. What about those a-holes that don’t bother signalling when changing lanes? I see a lot of those on the road.
- Labrys
  
  Those guys need to be taken out the back and shot.
  
  It’s one of my pet hates.
  Indicators are there for indicating you muppets!
  - KC
    
    and those who overtakes on your left and brake in front of you.
    - Golfschwein
      
      Overtaking on the left is a great way to reliably get ahead of the pack on Perth’s freeways. In the middle and right lanes, you have a selection of zombies ambling along at 88.6 km/h or 94.8 km/h in a 100 zone, yet the left lane is totally free. So I do. Bewdy! If they don’t like it, they can stick it up their jumpers. But it would never come to that. None of them have the awareness to 1. realise they’re an obstruction and 2. feel wronged anyway.
      - Dave W
        
        Totally agree!! If people could undertake you, that means you should’ve been in the left lane in the first place. I don’t know about Perth but in Sydney there’s usually a sign that says “Keep Left Unless Overtaking”.
        
        Now if someone undertake you and brake in front of you, you should ask yourself if you were just ambling away oblivious to the fact that you were in the way of the cars behind you and pi$$ing them off. If the answer is yes, then I’m afraid you were just asking for it.
    - Amlohac
      
      Get out of the left lane then. You’re clearly driving to slow to be in the “overtaking lane”.
      - Amlohac
        
        *right lane.
        
        Gee, not having coffee effects your trolling abilities.
- May
  
  That’s P platers mainly.
3D4

Aussies will never indicate on roundabouts as they suppose to… No matter what the rules says – most of the drivers here will indicate (or will not indicate at all) to the direction where they going.. Like there is no roundabout..

In EU the rules are: no indication when entering roundabout (as roundabouts are being considered as one-way road so every one knows you gonna turn the way its going) only indicate when you leaving the roundabout (to the direction which you are leaving to)

Hope it makes sense…
Homer

Using the roundabout example above the problem I have is the timing of the orange car using the left turn indicator. Too many times the orange car puts the indicator on too early and the person in the blue car thinks they are turning left or going straight ahead. Blue car then pulls out to go straight ahead and has a close encounter. The left indicator should only be used when exiting, not “just before exiting” the round about. While they’re explaining to people how to use round abouts they could reinforce that many have two lanes and you need to keep in yours!
- D3n0tz
  
  The orange car puts the indicator to the left after passing the exit before the desired exit. Also, eventhough its a 2 lanes roundabout, blue car need to wait until orange car pass for safety. Simple as that.
- Mr B
  
  The left indication should be made as soon as possible without being ambiguous. Meaning that as soon as you pass the exit before the one you’re going to take, you indicate left to exit… You’re right, timing is critical.
- Johnmckaig
  
  Totally agree
  Maybe going straight ahead requires no indicator but right and left indicator needs to be enforced.
F1orce

I think most roundabouts are a hazard.

The ones which are built near buildings which create blind spots etc
Wile E Coyote

Roundabouts were invented because they are cheaper than traffic lights.
- DK
  
  Thats not actually true, roundabouts are designed to have more accidents (although they have far fewer conflict points) then traffic signals, however the crashes are of a far lower severity.
  - Wile E Coyote
    
    The RTA told me roundabouts were much cheaper to instal than traffic lights
    Your point may be true however but I suspect cost is the main reason.
    - JamesB
      
      There are two issues with roundabouts:
      
      1. People to your left will zoom into the roundabout because they’re too impatient to wait for the right side to clear up.
      
      2. Old people have had their licences even before roundabouts were invented, and since there’s no re-testing in Australia, they don’t know what to do.
- Mr B
  
  Roundabouts are safe and efficient when people know how to use them. Roundabouts allow a continuous flow of traffic, and are best employed when you have intermittent flow from each of the entry points… However they do not work effectively when one or more of the entry streams is constant flow. Eg. major arterial roads and highways – this is where it is better to use lights
Acfsambo7

Most roundabouts in my area it is impractical to use the left indicator when exiting cause they are small and you are too busy steering the car. It should (in my opinion) only apply to full dual lane roundabouts not single lane and roundabouts with dual entry (right lane is right turn and left is straight and left or left is left only and right is straight and right).
- Daniel Dacey
  
  Frankly I’ve yet to find a roundabout where my driving skills were impaired so much I couldn’t use the indicator. Any car built in the last thirty years with power steering is hardly difficult to steer.
  
  I would think people making a real effort to raise their driving skills and use their indicators correctly would be a better solution, then making up yet more rules and exceptions for roundabouts.
- Daniel Dacey
  
  Frankly I’ve yet to find a roundabout where my driving skills were impaired so much I couldn’t use the indicator. Any car built in the last thirty years with power steering is hardly difficult to steer.
  
  I would think people making a real effort to raise their driving skills and use their indicators correctly would be a better solution, then making up yet more rules and exceptions for roundabouts.
Julia

Tony Abbott’s fault.
- Amlohac
  
  I thought the worlds problems stemed from the red headed population. That or horrible generalisations.
  - Julia
    
    I find that comment offensive and Tony Abbott should apologise for you making it
    - Amlohac
      
      ha!
- Barnaby
  
  Tony told me that this is part of the Carbon Tax.
Just saying

They can’t even police the already rediculous behavior on Sydney roads. It’s just an easier way to make money. If they really cared about people’s safety they would be policing the simple rules that have been there from day dot.
Nick

Being as speed it the reason for all accidents why do they waste there time even having any other road rules
Mick

Fixed mounting for a GPS? Does that mean you can’t mount it on a windscreen suction device, and instead have to mount it on the dashboard somewhere? The problem with that is, most dashboards don’t have an appropriate sport for it, and for people using hire cars it’s actually impossible since you physically have to mod the car to allow for it. Further to this, having it mounted on the windscreen means you can quickly glance at it and still have the peripheral vision on the road. If mounted on a fixed mounting (dashboard etc) you have to physically look down and take your eyes completely off the road, and I see this as a bigger hazard.

With roundabouts, although it might be good for someone to signal before exiting, it really doesn’t make things any safer. The U-turn stuff is common sense though!
- Acfsambo7
  
  I think the suction mount will apply as it is fixed to the car. It is to stop people who put it in their lap or centre console using it.
- Amlohac
  
  Futher to that, this probably means that a gps mounted in the center of your wndscreen (towards the dash obviously, as most people seem to do) could be considered illegal the same way hanging things from your rear vision mirror.
  
  Actually on futher thought, Mick is probably right, basically you wouldnt be able to put ANYTHING on the windscreen as it could be seen as an obstruction of vision.
  
  The term “fixed” could be open for debate also, as Mick said. However the key here is the fact the dont use the word “Permanently”.
  
  I’m sure they rules a vauge for a reason ($$$$$$$).
  
  The other rules, I thought were already law, perhaps not! Perhaps it was just considered courteous… or common sense.
- Daniel Dacey
  
  Indicating you are exiting certainly helps traffic flow and means the roundabout works as expected. Two cases in point. Someone doesn’t indicate at all, so everyone on the roundabout or at least at two or more exits waits to see what the heck they are doing before venturing on the roundabout.
  
  The second is when you do a complete turn around the roundabout and exit the same road that you joined on (effectively a u turn). Because no one uses their indicators everyone on the way around assumes you will be exiting earlier and then stomp on the brakes when they realise your indicator that is flashing really is for telling them something. If everyone used the left indicator for exiting, they wouldn’t need to assume anything when they see a car with the right indicator flashing, they would know they are continuing around the roundabout.
- Daniel Dacey
  
  The GPS mounting issue is probably for those dills who mount the GPS dead center on the screen below their rear view mirror and effectively give themselves a huge blind spot in their vision.
  
  I cant see a copper having any problem with GPS mounted low as practical on the windscreens and the actual screen out of your drivers immediate view of what is ahead of you. With voice directions and the occasional glance, I don’t know why you would need it anywhere else. It would be effectively where it would be if your car had a factory GPS for example.You are first and foremost supposed to be driving and controlling the motor vehicle, map reading and navigation is certainly very much second.
  
  I’ve seen a couple of tourists where I figure they are driving the red triangle on the map and just occasionally looking to see where the car is going in the real world outside the windscreen.Its the only explanation I can think of as to how they are happy to have a GPS blocking their view of outside the car.
- Daniel Dacey
  
  The GPS mounting issue is probably for those dills who mount the GPS dead center on the screen below their rear view mirror and effectively give themselves a huge blind spot in their vision.
  
  I cant see a copper having any problem with GPS mounted low as practical on the windscreens and the actual screen out of your drivers immediate view of what is ahead of you. With voice directions and the occasional glance, I don’t know why you would need it anywhere else. It would be effectively where it would be if your car had a factory GPS for example.You are first and foremost supposed to be driving and controlling the motor vehicle, map reading and navigation is certainly very much second.
  
  I’ve seen a couple of tourists where I figure they are driving the red triangle on the map and just occasionally looking to see where the car is going in the real world outside the windscreen.Its the only explanation I can think of as to how they are happy to have a GPS blocking their view of outside the car.
Acfsambo7

Question: If my phone doesn’t have a SIM card, can I still be done for using it as a media device?

From my understanding I could use an iPod Touch and be legal but not an iPhone, even when using it for the same function.
- Amlohac
  
  I think it counts for all media devices.
  
  See nice and vauge!
Monster

Forget about all these updated rules, just getting drivers to use the indicator correctly, or indicating at all is still far too difficult. How many times have you seen drivers indicating left or right and only to see them turning in the opposite direction? Or drivers doing the suicidal charge across the front of your car just when you are about to reach the other side of the round about?
Monster

Forget about all these updated rules, just getting drivers to use the indicator correctly, or indicating at all is still far too difficult. How many times have you seen drivers indicating left or right and only to see them turning in the opposite direction? Or drivers doing the suicidal charge across the front of your car just when you are about to reach the other side of the round about?
- Just saying
  
  I completely agree with you Monster. People not indicating is a pet hate of mine. Along with queue jumping and turning left or right from a middle lane because they can’t be bothered waiting like everyone else.
  Just because you can drive a car, doesn’t mean you’re a good driver. It’s how you drive the car that makes you a good driver.
Santosh Rajkumar

This is such real, grounded regulation. Wish I could say the same for my country, I can’t, even when I try to. All my common road sense comes from learning to drive in Brisbane. Respect to y’all. Felt the exact same way about the new power-to-weight Kiwi two-wheeler laws too. It’s recognising the small things that makes the difference.
Santosh Rajkumar

This is such real, grounded regulation. Wish I could say the same for my country, I can’t, even when I try to. All my common road sense comes from learning to drive in Brisbane. Respect to y’all. Felt the exact same way about the new power-to-weight Kiwi two-wheeler laws too. It’s recognising the small things that makes the difference.
Biker

“Additionally, ‘visual display units’, including devices such as smartphones and GPS units, being used as a driver’s aid function (e.g. navigation) may only be used if they are secured in a fixed mounting. The mounting must be commercially designed and built for the purpose, and positioned where it does not obscure the driver’s view”
Some of the taxi’s I’ve been in, I could hardly see the road with all the stuff stuck on the windscreen.
Michael Lock

I do have a small issue with this rule…..
“Concerning roundabouts, drivers entering roundabouts and intending to turn either left or right must give sufficient warning to other road users by signalling before entering the roundabout. Previously, drivers had to indicate only when entering the roundabout.”The problem with now having to indicate BEFORE entering the roundabout rather than ENTERING is this, indicators have a self cancelling function when the wheel is turned slightly to the opposite direction being indicated. Using their picture above as an example, if you indicate to go right BEFORE entering the roundabout and as you then slightly turn to the left (immediately once entered), my indicator will cancel out everytime with every vehicle that I have owned or driven.So, I would like them to demonstrate to me how they can do this without ‘holding’ the indicator arm on with their right hand to stop it cancelling out….it can’t be done. If it can be proven to a policeman who pulls you over (get in the car copper and let me show you, we’ll also try it in your car Mr. Policeman), they can’t book you for it.Dumbass government pen pushers again making our life hell.
- df
  
  Could’nt have said it better myself Michael, only SOOOO true
- Amlohac
  
  I see what you mean. However my car doesnt do that, but every other car I have owned DID do that.
  
  So you will just have to keep staring at your speedo so you dont get caught speeding 2kms over the limit and watching that instrument cluster to make sure youre still indicating rather than concentrating on the road. Makes sense… :-/
broom broom

ummmmm turning right into an intersection and a pedestrian walks out. Its a ROAD they need to look out for cars. You get a fine for not giving way? what happens when a pedestrian steps out and they get hit and killed????
No issue at traffic lights with pedestrian crossings
- Beverley Evans1
  
  Got my licence in the ’80s and it was law then to give way to pedestrians when turning. The only difference here is likely to be demerit points and fines
save it for the track

If a person is properly steering their vehicle, the hands should always be in the vicinity of the indicator stalk. i.e. using a 10 and 2 or 9 and 3 method. Not a racecar like version of keeping your hands in the same positon on the wheel. As one should be going at a manageable speed through a roundabout it is quite simple to ensure that the indicator is on in the correct direction. (I’ve managed it in every car I’ve ever owned or driven) The requirement to indicate on exit has been there since the beginning of roundabouts and makes perfect sense. Nothing more annoying than the dumbos that are making a right turn and don’t in the first isntance cancel it, and in the second indicate left that they are exiting.
Zaccy16

Pretty much common sense these new rules
Dave W

BTW, the RTA just changed the speed limit in a couple of streets in Newtown Sydney from 40 to 10… 10!!!
- Labrys
  
  That’s ok. Knowing Newtown streets and traffic you wouldn’t be able to go faster then 10 anyway!
- Amlohac
  
  I really hope youre joking.
  - Dave W
    
    I’m dead serious.
    - Amlohac
      
      BUT WHY!?
      
      10km/h my god, just close the frigging road to traffic then that seems to be the next ilogical step.
      - save it for the track
        
        I’m betting it’s a 10km/h ‘shared zone’. they’ve been around for years.
      - Dave W
        
        You’re right. What’s the point having roads with 10kph speed limit? Unfortunately, our road rules are being written by morons who probably don’t drive or hardly ever drive.
idlebrain@gmail.com

They should issue heavier fine to the driver who

is too lazy to move finger to turn on the indicator light

thinks his/her car is fast as Nissan GTR so jump on to the main road from the street regardless
how fast the oncoming traffics are.

By the way, what is the point of this update if there is not enough police to patrol on the street,?
I see more cameras than the police on the road. Are they going to install another cameras for this as well?
- Dave W
  
  I just saw a policeman with his speed gun on Botany Rd about a block from Maccas. Why he would set up a speed trap in one of the busiest road in Sydney during rush hour is beyond me.
  
  Jumping on to the main road is one thing. The new trend is that you wait until a car gets close THEN jump on to the main road real fast THEN slow down forcing that car to slam on the brake.
  
  I reckon the main problem is the weekend drivers that barely do 10,000km a year. Driving is just like any other skills, if you don’t practice often, you simply suck at it. And since these people aren’t on the road much, they’re oblivious to others who spend a lot of time on the road and just want to get somewhere as quickly as legally possible.
  - Huwtm
    
    Excellent observation, I agree completely north west Sydney. They have NO understanding of what it’s takes to be smooth in traffic. They do the most bizarre things when multiple lanes and traffic get involved.
    - Golfschwein
      
      Try Perth. A Melbournian friend of mine once observed, “it’s a curious blend of incompetence and aggression”.
jekyl & hyde

Dear Car Advice,

When you figure out how a manual car is “parked” and not “stationary” please include that in your little story here ok…..
- Don Quay
  
  I took it to mean stationary is when you pull over and just have the foot brake on, manual in neutral and auto still in drive. Parked is when the gears are in neutral (manual or auto) or park, handbrake on and the engine not necessarily switched off. Where do you see the problem?
  - jekyl & hyde
    
    the problem is that this is not explained in the article,its left open for argument ( between your idea the the law’s on the side of a road one day )….
    - Lyndarra
      
      Parked is engine off and keys removed from ignition.
- Huwtm
  
  Most of this stuff is common sense, and courtesy you should use your blinkers period not only roundabouts, but any manoeuvres you make in traffic or on the streets. Helps everyone stay out of trouble. Blocking your windscreen is common sense also, but by the sound of it they don’t want anything stuck on your glass. No issue with stopping people texting, etc, but, it sounds like they can book you if you are parked (stopped) by the side of the road with your engine running. Or if for example you are driving and you take your device from your shirt pocket and drop it on the console or seat?
  - Amlohac
    
    Taking it out of your pocket seems to be ok, it does say the only time you can handle it is when parked or when passing it to a passenger.
    
    “Oh no i wasnt using my phone i was passing it to Bill”
    “Sir theres no passengers in the car”
    “My imaginary friend Bill here takes exception to your statment and wishes to sue you for discrimination, Imaginary people are real people too you insensitive jerk!”
- Amlohac
  
  In neutral, hand brake on.
  
  Mate you sure you drive a car? Someone who doesnt know that probably shouldnt be driving….
  
  Please forefit your license to the nearest bin.
  - Huwtm
    
    actually its a very grey area. For instance if you are even near a car with alcohol they seem to be able to book you for drink driving from what I’ve seen on TV. (Never happened to me). If you read the article it implies that if you are holding a phone with the car running even if you are in neutral and the hand brake on, you can be booked.
    - Amlohac
      
      As ive said before, perhaps its intentionally vauge. Police descretion is the best form of revenue raising.
    - Dave W
      
      Just say you need the engine on for the A/C or heater because you don’t wanna drain the battery.
  - jekyl & hyde
    
    wow amlohac,
    
    i future in journalism awaits you…
Shak

I was lead to believe that these were the existing rules already? They’re all just common sense anyway.
In the Dirt

The phone rules should apply to smokers in cars!
- Dave W
  
  Why? You can still hold the steering wheel even when you have a cigarette between your fingers.
  - Jontie
    
    Drop the cigarette or phone and tell me where your eyes go..?
  - DriverDan
    
    Lighting a cigarette
    Hot ash to deal with
    Regularly removing your hand from the wheel to take a puff
    Disposing of a hot cigarette butt
    
    It makes no sense for smoking while driving to be legal.
    - Huwtm
      
      Actually you miss the point, this law although blanket, ia about the people who can’t do two things at once. for example those that can’t concentrate on the road will talking. Seems silly to me but, unfortunately I’ve seen them, they are the same ones who take their eyes off the road when having a conversation with their passenger. You see them all the time, head spinning to the left and sitting their while they spit their sentence out. Anything could happen in that time. Smoking you don’t do that.
thepeoplesperson

Common sense tells me as a pedestrian, one waits until the coast is clear before advancing across the road that has no pedestrian crossing. This new rule suggests to me that if a pedestrian that is not on a pedestrian crossing, will not be in the wrong if hit by a motor vehicle. Does not make sense to me.
- alpha_mail_man
  
  This is not a new rule. Cars have always had to give way to pedestrians when turning – unfortunately most drivers do not know that…
  
  The rule only applies if the car is turning into a road. Essentially when turning into a road you have to give way to everything that is already on that road – including pedestrians. As drivers are poor in signalling their intention to turn, how is a pedestrian supposed to know if a car on ANOTHER ROAD is going to turn into the road they are crossing? That’s why the law exists – pedestrians are not psychic.However, it doesn’t give open slather for pedestrians to just step out onto the road at any time and not be at fault…
Johnmckaig

Roundabouts are simple to navigate using indicators but who are the dills that decided putting trees and shrubs on them so we cannot see the traffic flow or there indicators.
Bbbbazza

Are you allowed to have the mobile phone on the seat next to you and answer it using blue tooth function? All without touching the phone.
R10RRK

WOW surprised that law was only passed recently. What about the other states ?

This has been implemented in the UK for years. My friend was caught holding his IPhone on CCTV camera and had the fine 3 points on his license.
gmccholl

aaaaah what about the ped. it is the responsibility of the ped when crossing the road with zebra’s or not to stop and i highlight the word STOP at the curb look left and right to make sure it is safe and clear to walk accross the crossing and /or road.

but alas!!! do the ped’s do this well …..NO<NO<NO they invaraibly just walk blindly onto the ped crosing (in particular) and expect the driver to stop even when the ped has not arrived 'at the curb' to be crossed.

in court the judge actually asks the ped 'did you stop at the curb to make sure it was safe to do so?' ….the driver is not at fault if the ped has not performed their legal /personal responsibilty when crossing roads…..

also how tough is it for the driver in example shown i.e the driver may have already indicated and driven forward to turn because the ped has not reached the curb (and STOPPED to check) but has got run over because the driver has already commited to negotiate the turn.
Dad

jimbo
I just a horn blown at me for using my indicaters properly !!!!