CAN CYCLISTS USE MOBILE PHONES WHILE RIDING IN NSW?

WHAT IS THE LAW AROUND CYCLISTS AND MOBILE PHONE USE? 

In NSW, cyclists are considered to be a ‘vehicle’ under the Road Rules 2014 (NSW). This means that cyclists must comply with many of the same mobile phone rules as standard car drivers.

The law states:

• Cyclists must not hold a mobile phone while riding.
• Cyclists must not text, email, browse the internet, use social media, make video calls, or take photos while riding, even if the phone is mounted.

You are permitted to use your mobile phone while riding only if:

• It is secured in a commercially manufactured cradle fixed to your bicycle. In such circumstances your phone can only be used to make or receive calls, play audio or use as a navigation system (i.e. maps); and
• It is operated hands-free (for example, using voice activation to make or receive calls, listen to audio, or access navigation).

If you need to manually interact with your phone (i.e. outside of the cradle), you must safely pull over and stop riding first. These laws aim to minimise distraction and prevent accidents involving vulnerable road users, including cyclists.

WHAT ARE THE PENALTIES FOR CYCLISTS WHO BREAK THE MOBILE PHONE RULES?

Cyclists who use a mobile phone illegally while riding can be fined. The law is clear that penalties apply for any breach of the mobile phone rules. However, a financial fine is often only the beginning of the consequences if you are involved in an accident and sustain injury.

WHAT HAPPENS IF I AM INVOLVED IN A MOTOR VEHICLE ACCIDENT WHILE USING MY PHONE?

If you are injured in a motor vehicle accident and were illegally using your mobile phone at the time, it can have serious implications for your CTP (Compulsory Third Party) claim.

• Contributory Negligence – If the phone use contributed to the accident or injuries sustained, the insurer may allege contributory negligence. This can result in a significant reduction statutory benefits weekly income payments and also lump sum compensation.
• Claim Denial – If the phone use was the cause of the accident, the insurer may deny the claim for statutory benefits and/or claim for common law damages outright. If the insurer’s denial of liability allegation is correct, it would prevent any weekly wages, treatment or care being paid more than 12 months after the accident and also prevent a lump sum compensation payment being made.

In short, using a mobile phone illegally while cycling can significantly weaken your position in a CTP claim, making it harder to access the full benefits you may otherwise be entitled to after an accident.

HOW CAN A LAWYER HELP?

If you are involved in a motor vehicle accident while cycling, and particularly if mobile phone use becomes an issue, it is critical to get legal advice early.

At Advantage Legal, we help cyclists across NSW by:

• Advising on your CTP rights under the Motor Accident Injuries Act 2017 (NSW) if you are injured in a cycling accident.
• Representing you on your CTP claim to ensure that you can promptly access your entitlements to treatment, weekly payments, and lump sum compensation.
• Assisting with related claims for Total and Permanent Disability (TPD) benefits through your superannuation if your injuries prevent you from working.
• Providing advice on your eligibility for workers’ compensation benefits if the accident occurred while you were commuting within the course of your employed duties.
• Focusing on your recovery first. Our team will assist you to get the medical care, rehabilitation and income support you need to focus on achieving ideal health outcomes.
• Maximising your compensation entitlements to ensure that you receive everything you are entitled to pursuant to NSW law.