An overwhelming number of drivers have admitted to using their smart phone while driving - for reasons other than making calls.

Recent survey data shows 60% of Australians use their phones while behind the wheel to stream or play music , compared with just 11% who admitted to texting.  

“Streaming music is a distraction that's just as dangerous as texting and often requires looking at your screen and scrolling to find the playlist or song you are looking for," said Peta Yujnovich, Head of Work and Roads Claims for Slater and Gordon, the legal firm who released the results. 

“If you’re on a restricted licence – either a learner driver or P1 P-plater and under 25, you should not be touching your phone at all behind the wheel or using voice-activated technology.

"It’s illegal for younger learner and P1 drivers to use hand-held or hands-free, Bluetooth or voice-activated mobile phone while driving. They cannot use the loudspeaker function and neither can their passengers.” 

Ms Yujnovich said that while the respondents were of all ages, the results could indicate a lot of younger drivers could be putting themselves at greater risk on our roads. 

“That split second you reach for your phone could cost you more than just a fine. Young drivers are over-represented in road crashes and frequently use apps to select music and podcasts,” Ms Yujnovich said. 

“Streaming music or using popular music apps in your phone while driving puts yourself and other road users at risk of devastating injuries and even death. It’s alarming that so many road users admitted to using their phone while driving for accessing music, with only a smaller amount admitting to texting. 

IMAGE: NRMA

While data on the number of road crashes resulting from mobile phone use is not easily available, rural road crashes still make up almost half of all road fatalities, despite less than one third of the population residing in rural areas.

Disturbingly, urban road crash rates are also decreasing at a much faster rate than rural crash rates.

While road conditions and distance-related fatigue may be big factors, it could also be that traveling in areas where there is less surveillance makes us more relaxed about using our phones.

Ms Yujnovich said drivers of all ages should remember it’s illegal to hold a mobile phone or have it resting on any body part while driving - even if you're stopped in traffic. 

“The only safe way to use a phone while driving is when you are parked. Driving requires our full attention. The safest option is to not use your phone at all while driving,” she said. 

In late 2019 NSW implemented new laws allowing drivers to legally be able to pay for parking and drive-through meals using a mobile phone without fear of a $344 fine.   

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. 

Know the rules

Mobile phone laws in NSW apply differently for different classes of drivers.

In NSW, the mobile phone laws are harsher for “L” and “P” plate drivers than for full licence holders. 

Learner or Provisional licence holders in NSW are not allowed to use a mobile phone “whether or not held by the driver”.

This means that a “P” or “L” plate driver is not allowed to use a mobile phone while driving using a Bluetooth or even where it is securely mounted and affixed to the vehicle to be used as a visual display. 

For drivers with a full licence there are only two ways you can use a mobile phone while driving: 

• Hands-free – you can only use your phone hands-free (without touching it) to make or receive voice calls and play audio. 
• In a phone holder – you can only use and touch your phone to make or receive voice calls, play audio and as a driver’s aid, for example, maps and navigation apps or dispatch systems. 

The penalty for offending drivers is five demerit points and a $362 fine or $481 in a school zone. The penalty increases to 10 demerit points during double-demerit periods.  

For Learner and Provisional 1 licence holders, this is more than your entire allocation of demerit points. 

Mobile Phone Road Rules - Know the Rules - YouTube