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Unauthorised drivers using a phone or device while driving

Information about unauthorised drivers using a phone or device while driving.

Unauthorised drivers

Unauthorised drivers include drivers who are:

  • disqualified from driving; or
  • unlicensed (because they were never licensed, their authority to drive in Victoria has lapsed, they have not renewed an expiring licence, they have not obtained a licence after a disqualification period has ended or they have surrendered their licence).

Unauthorised drivers may not drive a motor vehicle. As such, they are not allowed to operate any device in a motor vehicle in any way.


The maximum penalty is 10 penalty units. If the matter is dealt with by issue of an infringement notice, the penalty is 3 penalty units.

A driver will also lose 4 demerit points.

See Part 18A—Road Safety Road Rules 2017 (Vic) and Items 350 to 368 of Schedule 7—Road Safety (General) Regulations 2019 (Vic).