NSW makes phone payments legal behind the wheel, as phone monitoring cameras go live

New South Wales (NSW) drivers will legally be able to pay for parking and drive-through meals using a mobile phone without fear of a $344 fine.

State laws have today been revised so anyone touching their phone to make a payment while they're stationary and off the road in a carpark, drive-through, or driveway, will be safe from penalty.

Drivers will also be allowed to access their digital licence for a NSW Police officer.

Fines for illegal phone use in New South Wales start at $344 and five demerit points, but jump to $457 in school zones. The state also runs double demerit periods, where drivers risk 10 demerit points for touching their phone.

"If a driver is stopped safely and not in traffic like at a car park or drive-through and remains in control of the vehicle while using their phone to make a payment, they will not be fined," said executive director of the Transport for NSW Centre for Road Safety.

Although it's illegal to use your phone handheld, drivers can receive phone calls and use navigation if the phone is fixed in a cradle.

New South Wales is the only state to use cameras capable of detecting phone use on the road (above), with the system to enter official service on Sunday, December 1.

Drivers caught using their phones in the cameras' first three months in operation will receive a warning letter, but face fines of $344 and five demerit points once it's fully up and running.

The new monitoring program will be 'progressively' expanded to carry out more than 135 million annual vehicle checks by 2023.

"There is strong community support for more enforcement to stop illegal mobile phone use with 80 per cent of people we surveyed supporting use of the mobile phone detection cameras," said Andrew Constance, NSW Minister for Roads.

MORE: NSW coverage
MORE: Safety coverage