Lights and Horns

At night or when driving in hazardous weather conditions with reduced visibility, your vehicle must have clearly visible:

• Headlights
• Tail lights
• Number plate lights
• Clearance lights and side marker lights if these are fitted to your vehicle.

Headlights

In many daytime situations driving with your vehicle’s headlights on can improve the likelihood of being seen by other road users. This applies to both country and city driving situations.

Your headlights must be on when:

• Driving between sunset and sunrise
• At any other time when there is not enough daylight to be able to see a person wearing dark clothing at a distance of 100 metres

High beam

To see further ahead use your headlights on high beam on any road even if there are street lights.

 You must dip your headlights to low beam:

• When a vehicle coming toward you is within 200 metres:

• When driving 200 metres or less behind another vehicle:

When you overtake another vehicle, you may briefly switch to high beam immediately before starting the overtaking manoeuvre.

Avoid lights that may dazzle

Do not use or allow any light fitted to your vehicle to dazzle another road user.

Avoid looking at the headlights of oncoming vehicles. If you are dazzled by glaring or high beam lights, look to the left side of the road and drive to the left of your lane, slow down or pull over until your eyes recover.

Parking lights

Make sure that other road users can see your parked vehicle. Leave your parking or hazard lights on if necessary.

Fog lights

Front and rear fog lights must only be used in fog or rain, or when conditions such as smoke and dust limit your vision.

It is a legal requirement that once conditions improve and you can see more clearly, the front and rear fog lights are switched off.

If your vehicle is not fitted with fog lights you may use your headlights during the day in these adverse conditions.

Hazard warning lights

Your vehicle’s hazard warning lights must not be used unless the vehicle is:

• Stopped and obstructing the path of other vehicles or pedestrians
• Slow-moving and obstructing other road users
• Stopped in an emergency stopping lane
• Stopped to sell a product such as food and refreshment
• Driving in hazardous weather conditions
• Fitted with hazard lights as part of an anti-theft or alcohol interlock device.

Horns and other warning devices

You must not use the horn or any other warning device unless:

• You need to warn other road users that your vehicle is approaching
• You need to warn animals to get off the road
• The horn is being used as part of an anti-theft or alcohol interlock device fitted to your vehicle.

Emergency vehicles

Give way when you hear a siren or see the flashing blue or red lights of an emergency vehicle such as Police, Fire Brigade or Ambulance. The siren means to get out of the way so the emergency vehicle has a clear passage through traffic.

Generally, traffic pulls over to the left until the vehicle passes.

New alcohol interlock laws for mid-range offenders

An interlock is an electronic breath testing device connected to the ignition of a vehicle. It prevents the vehicle from starting if alcohol is detected. The interlock also includes a camera and takes a photograph of the person providing the breath sample to reduce the risk of a driver circumventing the program.

All drivers convicted of high-range, repeat and other serious drink-driving offences in NSW committed on or after 1 February 2015 are required to have an interlock installed.

As part of the Road Safety Plan 2021, the NSW Government expanded the interlock program so that it also applies to drivers convicted of all middle-range drink driving and driving a motor vehicle under the influence of alcohol offences committed from 3 December 2018.

For all offences that require a mandatory interlock, the court orders offenders to complete:

• A licence disqualification period, and
• A period of participation in the interlock program (minimum 12 months).

The length of the licence disqualification and interlock period vary depending on the type of offence. Longer periods apply for the most serious offences.

The interlock program aims to actively prevent drink driving on NSW roads, and to reduce alcohol related crashes.

A survey of the NSW community, completed to inform the development of the Road Safety Plan 2021, found 84 per cent of people felt alcohol interlocks for drink-driving offenders were important for road safety.

The Roads and Maritime Services website has more details about the Alcohol Interlock Program, including information for offenders, as well as medical and legal professionals.

Vehicle sanctions for high-risk drink drivers

Vehicle sanctions, such as impounding a driver’s vehicle, are designed to improve road safety by removing high-risk drivers from the roads immediately to prevent re-offending.

In NSW, police can confiscate number plates at the roadside or impound the vehicle if they detect a driver committing certain high-risk offences. This includes ‘hoon’ offences, such as street racing, engaging in a police pursuit or speeding by more than 45km/h over the limit.

Since 3 December 2018, as part of the Road Safety Plan 2021, the vehicle sanctions scheme also applies to repeat, high-risk drink drivers. Vehicle sanctions typically apply for three months.

 illegal mobile phone use

• The fine for illegal mobile phone use is $344, or $457 if detected in a school zone. There is a five-demerit-point penalty for illegal mobile phone use, which increases to 10 demerit points during double-demerit periods.
• These fines and demerit point penalties apply to both camera-detected offences and infringements issued by NSW Police.
• Warning letters will be issued for three months from 1 December 2019, during which time drivers caught using their phones illegally will be sent a warning letter to encourage them to change their behaviour.

1. Why is the NSW Government implementing this program?

• The Mobile Phone Detection Camera Program is a component of the overall strategy to achieve the Government’s target of reducing road fatalities and serious injuries by 30 per cent by 2021 (compared to 2008-2010 levels), and to zero by 2056.
• Automated, camera-based enforcement, coupled with police enforcement, has played a critical role in addressing other high-risk behaviours on our roads such as speeding and red light running. These camera programs have proven to help prevent crashes and reduce road trauma.
• The pilot program, which tested the camera technology from January to June 2019 in both fixed and transportable (or trailer mounted) modes, proved the technology was able to operate with high reliability in real world conditions. The cameras produced clear images in all weather and light conditions, and exceeded expectations related to the handling, storage and security of data.
• During the pilot more than 100,000 drivers were found to be using a mobile phone illegally.
• Independent modelling by Monash University Accident Research Centre (MUARC) estimates that the program will contribute to a reduction in road trauma of approximately 100 fatal and serious injury crashes over a five-year period.
• There is strong community support for using cameras to enforce illegal mobile phone use by motorists.
• A community survey commissioned by Transport for NSW was completed early April 2018, after laws were tabled in NSW Parliament to permit use of the technology. Three quarters (74 per cent) of those surveyed supported the use of cameras to enforce mobile phone offences.
• A further survey was undertaken in May 2019, during the pilot, and found the level of support had increased to 80 per cent.

2. How is the camera program being rolled out?

• The first cameras began operating on 1 December 2019, with warning letters being issued for the first three months. During this time, drivers caught using their phones illegally will be sent a warning letter to encourage them to change their behaviour.
• Transport for NSW will manage the program. Acusensus has been engaged to deliver, install and maintain the camera technology. Penalty notices will be issued by Revenue NSW, in a similar way to other camera fines.
• The program will be expanded over three years (from 2019/20 to 2022/23) with a target of more than 135 million annual vehicle checks by 2022/23. To help reach this target, it is anticipated that approximately 45 cameras will be operating across NSW, incorporating both fixed and transportable units.

3. How does the technology work?

• The mobile phone detection camera system has been developed following a global search for the best available technology.
• The system incorporates a number of cameras and an infra-red flash to capture clear images of passing vehicles in all traffic and weather conditions.
• Artificial intelligence software analyses each image to determine those most likely to display illegal mobile phone use, as well as those with no evidence of illegal mobile phone use.
• Images that are automatically deemed likely to contain a mobile phone offence will be verified by appropriately-trained personnel. Images rejected by the artificial intelligence will typically be deleted within an hour of detection and without being viewed.
• Both fixed and transportable versions of the cameras use the same camera technology.

4. Is the system completely automated or does a human check the images?

• The artificial intelligence software automatically reviews images and detects potential offending drivers, and excludes images of non-offending drivers from further action.
• An authorised adjudicator will always check images to confirm that illegal mobile phone use has occurred before issuing a penalty notice.
• This process is similar to other camera enforcement programs in NSW. All speeding and red-light offences that are captured by cameras automatically are adjudicated to verify details within the images, including number plates, before a penalty notice is issued.
• The system has been designed to include strict security requirements. This includes ensuring that all images captured by the cameras that do not contain evidence of an offence are rapidly and permanently deleted.

5. Is this really a world-first program?

• NSW is the first state in Australia to prove this technology works and implement a statewide camera program.
• On a global scale, Transport for NSW is not aware of any other jurisdiction that has introduced automated camera technology to detect and enforce illegal mobile phone use.
• Technology will continue to play a key role in delivering safer travel, consistent with the Future Transport vision of a trauma-free transport network by 2056.
• Partnership with industry and early adoption has enabled NSW to rapidly develop and validate this cutting-edge technology.

6. How will privacy be protected?

• Transport for NSW and Revenue NSW, the agencies responsible for the management and administration of camera programs and fines, have strict obligations to ensure the personal information of NSW road users is protected in accordance with statutory requirements.
• Transport for NSW undertook consultation with the NSW Privacy Commissioner during the pilot and discussions have continued to ensure compliance with privacy principles.
• The program will ensure only the minimum amount of data required to detect and enforce offences is retained.
• Images captured by cameras will be reviewed automatically by artificial intelligence software; those which do not contain evidence of an offence will be permanently and irretrievably deleted, typically within an hour.
• When a potential offence is detected, images will be pixellated and cropped before the images are adjudicated, prior to a decision being made to issue a penalty notice.
• In common with all NSW traffic camera enforcement systems, strict data security measures are included in the scope of requirements for the program.

7. Where will the data be stored?

• All personal information is stored securely in Australia and handled in accordance with strict security requirements.
• As for other NSW camera enforcement programs, the camera contractor is required, and bound by law, to adhere to strict privacy and security requirements.  Regular audits of these requirements are part of the program.

8. What criteria will be used to determine camera locations? How many in metropolitan areas and how many regional areas?

• The cameras operate in locations that meet one or more criteria and ensure geographical spread of deterrence. Criteria will include prevalence of crashes or relevant crash types and advice from NSW Police, including locations that may be difficult to enforce using existing police resources.
• The program aims to reach close to 100 percent of the NSW driving population through a mix of metropolitan and regional deployments.
• The program will be expanded over three years and the distribution between regional and metro deployments will be finalised during this period.

9. What is the penalty for being caught for illegal mobile phone use?

• The fine for illegal mobile phone use is $344, or $457 if detected in a school zone. There is a five-demerit-point penalty for illegal mobile phone use, which increases to 10 demerit points during double-demerit periods.
• These fines and demerit point penalties apply to both camera-detected offences and infringements issued by NSW Police.
• Warning letters will be issued for three months from 1 December 2019, during which time drivers caught using their phones illegally will be sent a warning letter to encourage them to change their behaviour.
• Fines and demerit points will be issued to drivers who commit an offence after the three-month warning period has ended.
• Fines and demerit points issued as part of on-road police enforcement of illegal mobile phone use will continue to apply as usual.
• As with the current speed and red light camera programs, every cent from mobile phone detection camera fines will go directly into the Community Road Safety Fund and be reinvested in important road safety initiatives such as road safety education in schools, flashing lights in school zones and safety infrastructure like audio tactile line markings, crash barriers and vehicle-activated signs on high risk curves.

10. How long after an offence will penalty notices be issued?

• Penalty notices will typically be issued within a week of an offence being committed. As per current availability for camera-detected speeding and red-light offences in NSW, the recipient of the penalty notice will be able to review, via the Revenue NSW website, the image of the offence depicting the illegal mobile phone use.

11. What if I’m the registered operator of the vehicle but was not driving at the time of the offence?

• As with speed and red light camera offences, the legislation allows the registered operator (owner) of the vehicle to nominate the person responsible for the offence.

12. How is the community being informed about the cameras?

• Comprehensive information has been made available online and will be supported by public education across a range of communication channels.
• Transport for NSW will use Variable Message Signs (VMS) and install fixed signs on key routes to ensure that drivers are aware of camera-based enforcement of mobile phone offences.
• A public education campaign across broadcast channels such as television, radio, social media and outdoor channels will communicate the commencement of camera operations during the three-month warning period, as well as the commencement of penalties once the warning period has ended.
• Transport for NSW’s Centre for Road Safety website will provide additional information about the road rules, the camera program and the road safety risk associated with illegal mobile phone use.

13. What are the risks are of using a mobile phone while driving?

• Driving is a complex activity; anything that takes your hands off the wheel, eyes off the road or mind off the driving task is dangerous, not just for you, but everyone else on the road.
• Being distracted when driving, such as by a mobile phone, increases the risk of a crash. Simply taking your eyes off the road for longer than two seconds, doubles the risk of a crash.
• Research has found that mobile phone use while driving is associated with at least a four-fold increase in the risk of having a casualty crash, while texting increases the crash risk even further.

14. How many people are injured in road crashes where mobile phone use is a factor?

• In NSW since 2012, there have been 182 casualty crashes involving a driver/rider using a hand held mobile phone – resulting in 13 deaths and 243 injuries. This is based on preliminary data available as at 28 November 2019.
• Of those, 90 casualty crashes occurred in country NSW – resulting in 11 deaths and 112 injuries.
• However, the contribution of mobile phone distraction to road trauma is underreported due to difficulties with obtaining conclusive evidence at crash scenes..

Illegal mobile phone use

All other functions including video calling, texting, emailing, social media, web browsing and photography are prohibited unless parked.

It is also illegal to hold and use a mobile phone at any time while driving or riding.

Using a Digital Driver Licence

It’s illegal to access your Digital Driver Licence when driving, including when stationary, unless you’re asked to do so by a police officer. Penalties apply.

Learner, P1 and P2 licence holders

Restricted licences holders including learner, P1 and P2 drivers and riders are not permitted to use their phone at all while driving or riding. This includes use of hands-free and Bluetooth functions.

Illegal mobile phone use will result in heavy penalties including demerit points and fines, which could mean the loss of your licence.

Tip: Avoid temptation and keep your phone in your bag or glovebox.

Unrestricted licence holders and all bicycle riders

Full licence holders and bicycle riders are permitted to use particular mobile phone functions. These include making or answering a phone call, or playing audio, if the phone:

• Is secured in a cradle; or
• Can be used without touching any part of the phone (e.g. Bluetooth).

This also includes using a mobile phone as a driver’s aid (e.g. navigation) if the phone is secured in a cradle.

Tip: Using a mobile phone legally can still be distracting. Consider the traffic conditions before using your phone.

Mobile phone detection cameras

The mobile phone detection camera program enforcing illegal mobile phone use by drivers commenced on 1 December 2019.

The program includes fixed and transportable cameras that operate at locations across the network. Coupled with ongoing enforcement by NSW Police, these cameras target illegal mobile phone use anywhere, anytime.

Warning letters relating to camera-detected offences will be issued for the first three months. Following this period, the penalty for offending drivers is five demerit points and a $344 fine ($457 in a school zone). The penalty increases to 10 demerit points during double demerit periods.

Licence suspension and fines for drug driving offences

Tougher penalties to reduce drug driving

From 20 May 2019, tougher penalties, including consistent fines coupled with automatic licence suspension, will be an option for first time offenders who drive with the presence of an illicit drug in their system.

The change is part of a number of reforms in the Road Safety Plan 2021 to reduce alcohol and drug related trauma on NSW roads.

What has changed?

From 20 May 2019, drivers who have a positive roadside drug test confirmed by a laboratory can be fined (issued a penalty notice) for driving with the presence of an illicit drug in their system. Offenders will subsequently have their licence automatically suspended for three months. This is only an option if it is a first offence.

Prior to 20 May 2019, all drivers who had their roadside drug test confirmed as positive by the laboratory were charged with a drug presence offence and required to attend court to have their penalty determined.

The reform delivers simpler, consistent and more certain penalties for drug driving in NSW.  More information about the reform is included in the FAQs.

What drivers need to know:

• Drug presence offences are typically detected through the roadside Mobile Drug Testing (MDT) program and confirmed in a laboratory.
• There is no significant change to the testing process or steps that occur if a driver is stopped at the roadside for a mobile drug test.
• Drivers who test positive to a roadside drug test will continue to be prohibited from driving for 24 hours. If prohibited from driving, drivers need to make alternative arrangements to get home from the roadside or police station.
• If a positive roadside test is confirmed in the laboratory and it is a driver’s first offence, they may receive a fine of $572 (Level 7 penalty notice – value from 1 July 2019). If the offence is dealt with through a penalty notice, a three month licence suspension will be applied for the offence.
• If you have received a penalty notice and suspension for a drug presence offence, you can elect to have the matter determined in court and appeal your suspension.
• If you have received a penalty notice or a suspension for a drug driving offence, you may wish to seek legal advice before making the decision to go to court. Higher penalties and longer periods of licence disqualification can be applied by the court and a conviction may be recorded.
• Significant penalties apply for driving while your licence is suspended.

Drink driving reforms for lower range offences

Swift and certain penalties for drink driving

From 20 May 2019, tougher penalties apply for drink driving in NSW, including immediate licence suspension for any drink driving offence. On-the-spot fines may also be issued for first time lower range offences.

The change is part of a number of reforms in the Road Safety Plan 2021 to reduce alcohol and drug related trauma on NSW roads.

What has changed?

From 20 May 2019, if a driver commits a low, special or novice range drink driving offence, NSW Police can immediately suspend the driver’s licence.

In the case of a first time offence, the driver’s licence can be suspended for 3 months and an on-the-spot fine can also be issued.

Prior to the reforms, all drivers charged with drink driving on NSW roads were required to attend court to have their penalty determined. Drivers who were charged with a low range offence did not lose their licence immediately, and were able to continue to drive until their court date.

The reforms deliver swifter, consistent and more certain penalties for drink driving in NSW. More information about the reforms is included in the FAQs.

What drivers need to know:

• NSW Police can now immediately suspend the licence of any driver caught drink driving on NSW roads, including lower range and first time offenders.
• In the case of a first time, low, novice or special range offence, a driver’s licence may be suspended for a period of 3 months, coupled with an on-the‐spot fine of $572 (Level 7 penalty notice – value from 1 July 2019).
• If you receive an immediate licence suspension, you are required to hand your licence to Police, and are not permitted to drive. You may need to make alternative arrangements to get home from the roadside or police station.
• If you have received a penalty notice and immediate suspension for a drink‐driving offence, you can elect to have the matter determined in court and appeal your suspension.
• If you have received a penalty notice or an immediate suspension for a drink driving offence, you may wish to seek legal advice before making the decision to go to court. Higher penalties and longer periods of licence disqualification can be applied by the court and a conviction may be recorded.
• Significant penalties apply for driving while your licence is suspended.

Takata airbag recall

Faulty Takata airbags are subject to a nationwide compulsory recall.

The risk is that the airbag’s inflator can explode causing serious injury or death to the driver and passengers if deployed during a crash.

20,000 of the vehicles affected by the recall are classified as critical and the ACCC is urging customers not to drive these cars at all until the airbag has been replaced. Under this urgent recall, drivers are entitled to have their vehicles towed to the dealership by the manufacturer and have the airbag replaced. Drivers may also be entitled to a loan vehicle while the airbag is replaced.

The remaining non-critical airbags are being replaced as part of a staged recall. Manufacturers will contact affected non-critical vehicle owners progressively between now and December 2020.

So, if your vehicle is fitted with a faulty Takata airbag, you must contact your vehicle manufacturer to organise a replacement airbag, free of charge.

Failure to replace airbags

Failure to replace an airbag may result in registration being suspended. Vehicle owners who have not replaced their faulty airbag will be sent a warning letter, followed by a notification of intention to suspend registration 28 days later. If the faulty airbag has still not been replaced after another 28 days, a final letter will be sent to advise the vehicle’s registration has been suspended.

Check if your vehicle is affected by visiting ismyairbagsafe.com.au and entering your number plate details. If you are affected, contact your manufacturer immediately to find out if your airbag is critical and organise a replacement.

Warning: Roads and Maritime Services is the only licensing authority in NSW

A number of organisations claim that they can provide motor vehicle registrations and driver licences, including so-called ‘100-year driver licences’ and ‘perpetual vehicle registrations’.

Under NSW legislation, Roads and Maritime Services is the only vehicle registration and driver licensing authority in NSW.

Customers are reminded that:

• You cannot legally register your vehicle in NSW with organisations other than Roads and Maritime
  Registering your vehicle with any unauthorised organisation claiming to provide vehicle registrations will mean your vehicle is not legally registered or insured for compulsory third party in NSW. This is regardless of whether the vehicle has undergone a roadworthiness inspection and/or purchased compulsory third party insurance
• You can only get a NSW driver licence from Roads and Maritime
  Anyone getting a licence card from any unauthorised organisation will be unlicensed to drive a motor vehicle in NSW
• Your number plates may be confiscated
  If the NSW Police stop a vehicle bearing number plates supplied by an unauthorised organisation, the driver of the vehicle may be infringed for driving an unregistered and uninsured vehicle. The number plates may also be confiscated
• You may be personally liable if you have an accident
  In the case of an accident where the driver of a vehicle bearing number plates from an unauthorised organisation is responsible, they may be held personally liable for any damage or injury caused.

For enquires please contact Roads and Maritime on 13 22 13.

The dangers of distraction

Driving is a complex task. Anything that takes your mind or eyes off the road, or your hands off the wheel, not only compromises your safety, but that of everyone else on the road.

Make sure you know the rules about mobile phone use when driving and watch our animated video.

Mobile phone detection cameras operate across NSW targeting illegal phone use. The program includes both fixed and transportable trailer-mounted cameras. Along with regular enforcement operations by NSW Police, these cameras target illegal mobile phone use anywhere, anytime.

Being distracted increases your chances of having a crash. It slows down your reaction times and puts you in danger of failing to see hazards such as traffic lights, stop signs or other road users, including pedestrians and bicycle riders. Avoid the temptation of using your mobile phone illegally while driving:

• Use a mobile phone cradle fitted in your vehicle
• Get Bluetooth set up or installed in your vehicle
• Get a passenger to answer your messages/calls
• Put your phone on silent
• Activate the ‘Do not disturb while driving’ function on your phone (e.g. Apple iOS or Android)
• Tell others not to call or text you when you’re driving
• Divert your calls to voicemail
• Pull over when and where it’s safe and legal to do so

• 

Are you driving blind?

Research shows that being distracted when driving, such as by a mobile phone, increases the risk of a crash. Simply taking your eyes off the road for longer than two seconds, doubles the risk of a crash. At 60 km/h if you look at your phone while driving for just two seconds, you travel 33 metres blind. A short lapse of concentration can have lifelong consequences.

See how far you travel at different speeds when you take your eyes off the road for just two seconds:

Travel speed	Metres travelled in 2 seconds
40 km/h	22.22
50 km/h	27.78
60 km/h	33.33
80 km/h	44.44
100 km/h	55.56

Overview

Our Get your hand off it campaign has evolved to highlight the serious consequences of using your mobile phone illegally while driving, which could cost you or those you care about everything.

The campaign also encourages drivers to know the rules about mobile phone use.

Dangerous problem

Crash data from 2010 to 2014 showed there were 236 crashes where hand-held mobile phone use by drivers was identified as a contributing factor. This included seven fatal crashes and 116 injury crashes. These crash numbers are considered to be under-reported because of the difficulty of finding evidence of illegal mobile phone use at crash scenes. This suggests the size of the problem could be much greater.

From July 2014 to June 2015, more than 35,300 fines were issued to drivers in NSW for using hand-held mobile phones, showing the problem is still prevalent.

Main messages

• It’s not worth it. Get your hand off it
• At 60 km/h if you look at your phone while driving for just two seconds, you travel 33 metres blind