Harsher penalties have come into effect for drivers and riders in New South Wales who use a mobile phone illegally.

Those who break the rules from Monday will be penalised an extra demerit point – increasing from four to five.

That means during periods of double demerit points motorists who illegally use phones while behind the wheel will lose 10 points.

People who do not follow the rules also face a fine for $337.

In July the NSW government said it would be the “toughest demerit point penalty in Australia for illegal phone use while driving”.

Minister for Roads, Maritime and Freight Melinda Pavey said it would help to change the way people acted on the roads.

“We know from a recent RMS survey that 74 per cent of the community support a crackdown to illegal phone use behind the wheel. We all see it and the community has had enough,” Mrs Pavey said at the time.

Tough crackdown on learner and P-plate drivers

In NSW, learner and P1 licence holders have a limit of four demerit points, a person with a P2 licence has seven points and those on an unrestricted licence have a limit of 13 points.

Learner, P1 and P2 licence holders are not allowed to use phones at all while driving or riding.

Any learner and P1 drivers caught using their mobile phones would face a three-month licence suspension as they would exceed their demerit point limit.

P2 licence holders who break the rules would have three points remaining.

When can mobile phones be used

Fully licensed drivers and motorcyclists can use a mobile phone to make or answer a call or to play audio – but only if its either in a cradle fixed to the vehicle and doesn’t obscure the view of the road, and can be operated without touching any part of the phone by using voice activation or Bluetooth.

These rule also applies to all bicycle riders.

Phones can also be used as a driver’s aid, such as navigation, but again only if it does not obstruct a drivers’ view and is in a cradle fixed to the vehicle.

When mobile phones cannot be used

Motorists cannot use their phones for texting, emailing, taking pictures, using social media or video messaging while driving or riding.

Those drivers who do need to use their phone for any of these reasons must be parked out of the line of traffic.

“These functions are not permitted when your vehicle is stopped, including when waiting at traffic lights or stuck in traffic,” a NSW government website explains.

Drivers are also only allowed to hold a phone to pass it to a passenger and cannot hold it in any way at other times, including on the lap, in the hand on resting it near the ear.