Section 10 for using a mobile phone whilst driving on a provisional and learner licence.
Our solicitor, Ms Stephanie McClelland represented a young woman at Local Court in relation to using a mobile phone whilst driving on a provisional and learner licence. The offence carries a $345 fine and 5 demerit points – immediate loss of licence.
The case involved our client, a provisional driver, using her phone in a cradle. According to the Rule, a P1 or P2 licence holder cannot use a mobile phone at all, regardless of whether they have it in their glove box or centre console and regardless of whether it is plugged into the sound system or playing through Bluetooth connectivity.
In accordance with our client’s instructions, we entered a plea of guilty and argued the defence of an honest and reasonable mistake.
Court Outcome – no suspension or demerits
Our representation resulted in the Court imposing a six-month suspension and conviction all wholly suspended. Our client was not required to forfeit her licence despite the serious nature of the offence and her charge was dismissed.
That result was achieved by preparing the case thoroughly. On sentence, Ms McClelland tendered subjective material, including our client’s letter to the Court, Character References and completion notice of the Traffic Offenders Program. The magistrate considered the character reference material thoroughly and commented that driving is a privilege, however accepted our clients otherwise good character, and her good traffic record since the incident.
This case illustrates the importance of quality representation and the value of a solicitor like Ms McClelland who cares for her client’s circumstances and will work hard to ensure their case is prepared and presented in a way that ensures the Court gives full effect to every factor in a client’s favour.
NSW rules & resources for P-plate and learner phone use
- What the law says: See Road Rules 2014 r 300 (mobile phones) and the NSW-specific r 300-1 (learner & P1/P2 drivers) which prohibits any phone use while driving.
- Young driver guidance: Transport for NSW explains that P1 and P2 drivers must not use a phone in any way while driving: P1 & P2 drivers and mobile phone rules.
- Penalties update: Penalty amounts are updated periodically. Check the official NSW offences & penalties search. Illegal phone use generally carries 5 demerit points (10 in double demerit periods): see Transport for NSW.
- Section 10 / CRO: Courts may dismiss a charge or impose a non-conviction conditional release order under s 10 Crimes (Sentencing Procedure) Act. Where dealt with without conviction, demerit points are not recorded: see Judicial Commission note on s 10 and demerits.
- Programs & education: Consider Traffic Offender programs such as PCYC TOIP (Driver Education).
- Check your points: Service NSW – demerit points.
Need advice on a mobile phone offence, licence suspensions or section 10 applications? Speak with our Sydney traffic lawyers or call (02) 8806 0866.
