Drivers warned: This little-known licence rule could cost you $110

Millions of Australian drivers could be at risk of receiving a fine due to a lesser-known road rule—and it’s not related to driving behaviour. While most motorists take care to follow traffic laws, there’s one specific regulation that many overlook—potentially costing them money. 

With fines already being issued, experts are urging motorists to double-check their compliance before it’s too late.

In the age of smartphones and digital convenience, Australians have embraced the ease of carrying a digital driver’s licence. However, this modern solution comes with its own set of challenges, and a particular rule is causing frustration and financial pain for some drivers. 

In New South Wales, the state with the largest population, drivers are finding themselves slapped with $110 fines for a surprising reason: having a digital driver’s licence on a phone that has run out of battery. It’s a rule that ‘catches people off guard,’ and it’s stirring up debate about fairness and practicality.

‘It feels a bit harsh,’ adds Hayder Shkara, a leading lawyer.

@hayder_legal Make sure your phone is charged when driving to avoid police fines 🚗👮‍♂️ #driving #law #legal ♬ original sound – hayder_legal

The digital driver’s licence, which has been adopted by several states across the country, allows drivers to display their licence via an app such as Service NSW. While this innovation offers convenience, it also relies on the driver’s phone being operational at the time of a police check.

‘You either produce your licence on the spot, or you’re copping a fine. No second chances,’ Shkara explained. This contrasts with places like Queensland and Victoria, where drivers can present their licence at a police station later if necessary.

The frustration is compounded by the fact that police have access to digital databases that contain driver information. Shkara questions the need for such a stringent approach when the technology to verify a driver’s identity is ‘sitting right there.’

‘It’s not like they’re flipping through an old-school address book. So why the strict approach? If your phone is dead, you’re already having a rough day. A fine on top of that feels like kicking someone when they’re down,’ he opined.

The issue has become a talking point among drivers, with some sharing their experiences of being fined despite reasonable attempts to comply, such as offering to charge their phone in the car to show their licence.

While the fine can be contested in court, the effort and cost may not be justifiable for many, leaving them to simply pay the fine and move on. Shkara’s advice is pragmatic: ‘Make sure your phone battery is charged when you’re driving.’

This rule serves as a reminder that as you integrate technology into every aspect of your life, you must also be mindful of the new responsibilities it brings. For drivers in NSW, keeping your phone charged is not just a matter of convenience but a legal requirement when it comes to your driver’s licence.

We at YourLifeChoices encourage our readers to share their thoughts and experiences. Have you or someone you know been affected by this rule? Do you think the rule is fair, or should there be more flexibility for drivers using digital licences? Join the conversation in the comments below.

Also read: Are you unknowingly breaking this road rule? This could land you a $410 fine