Mobile phones, driving and fines

Police are losing the battle when it comes to mobile phone use and driving. There are too many fatalities where texting or making a call is to blame.

The NRMA says 65 per cent of drivers admit to using their phone behind the wheel.

Today Tonight's own tests have confirmed it's just as dangerous as drink driving.

Every day in every state, drivers are playing ringing roulette on our roads. Phone infringement notices have hit record highs but the message isn't getting through.

So why are so many of us getting booked, and what are the laws?

If you were to touch a phone, you would be instantly breaking the law. Even if stopped at traffic lights or pulled over to take the call you are still breaking the law. It's only if you put your car in park that you are in the clear.

Assistant Commissioner of NSW Police John Hartley says any handling of a mobile device in a car is illegal.

"It's dangerous, it's disrespectful of other road users and you create yourself a danger [sic] and other drivers," Hartley said.

"Look, quite simply the fact is you should not be using a mobile phone hand-held [sic] in any circumstance."

When it comes to GPS devices, they're only legal if they are dash-mounted. Handling a mobile device to use a GPS device is against the law.

Adam Rockett runs Strike Group Australia, the leading supplier of safety bluetooth devices.

"You can't use a speaker phone function on your phone, even including the use of a stereo headset," Adam said.

"I think the most cost effective and easiest way to get started with a product, we call it a parrot mini-slim, is a portable kit. It can be installed by anybody, takes less than two minutes to install, it sits up on your visor. For $100 you can make and receive all the calls your like, with a touch of one button."

Fines for using mobile devices

• $243 and 3 demerit points
• 70,000 fines handed out in 2009

• $253 and 3 demerit points.
• Get caught on the phone in a school zone and it's a steep lesson - 4 points and $338 poorer.
• Over 41,000 tickets written last year.

• $300 and 3 demerit points
• 28,000 fines handed out in 2009

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