Phone at a red light? The NZ phone rules most drivers get wrong
Most New Zealand drivers know you can't text while driving. Far fewer know where the line sits. Can you check a message at a red light? Is a phone in the cup holder fine for Google Maps?
The rules are more specific than most people think, and one ticket carries 20 demerit points [1][4], a fifth of the way to a suspension. Here's what the law says.
The basic rule: no phone use while driving
The rule sits in clause 7.3A of the Land Transport (Road User) Rule 2004. It says a driver must not, while driving, use a mobile phone to [2]:
- make, receive or end a call
- create, send or read a text message
- create, send or read an email
- create, send or view a video message
- communicate in any similar way
- use the phone in any other way
That last point covers everything, including scrolling and social media. The law then carves out a few exceptions, and that's where the confusion lives.
The ban has been in force since 1 November 2009 [2]. "Mobile phone" includes any portable electronic device whose functions include being a telephone [2], so a tablet with calling ability counts too.
What you're allowed to do
Hands-free calls
You can make, receive or end a call if the phone doesn't need you to hold or manipulate it to do so [2]. Bluetooth, voice activation and steering wheel or dashboard controls are the obvious examples [1]. An earpiece or mouthpiece connected to the phone is not itself treated as a mobile phone under the rule [2].
A mounted phone for calls, music or GPS
If your phone is secured in a mounting fixed to the vehicle, you can use it for calls and other functions like navigation and music, as long as you only touch or look at it "infrequently and briefly" [2]. NZTA puts it simply: if the phone is secured, you can use it for audio calls, music or audio functions, and navigation or GPS [1].
The mounting part is not optional. NZTA says that if you can't secure your phone or use it without touching it, you can't legally use it while driving [1]. A phone sitting on your lap, the passenger seat or in a cup holder is not in a mounting fixed to the vehicle.
Mount placement matters too. A navigation device must not cover any of the inner windscreen within 65mm of the bottom, or within 90mm of the top or sides [1].
Calling 111 in an emergency
You can use a handheld phone to call 111 or *555 if it is unsafe or impracticable to stop and park to make the call [2][1].
What you can't do, even with a mount
Here's the part that catches people out. The mounted-phone exception only covers calls and "other" uses like navigation and audio [2]. It does not extend to texting, email, video messages or similar messaging [2]. So even with your phone in a proper dashboard cradle, reading or replying to a text while driving is still against the rule.
NZTA's guidance lines up with this: apart from calls, audio and navigation, you must not use your phone for anything else while driving [1].
The red light myth
This is the one most drivers get wrong. Being stopped at a red light, in a queue or in stop-start traffic does not mean you've stopped "driving" for the purposes of the phone rule.
The Road User Rule allows calls when the vehicle "has stopped for a reason other than the normal starting and stopping of vehicles in a flow of traffic" [2]. Waiting at lights or crawling in a traffic jam is exactly that normal starting and stopping. NZTA states plainly that you must not use your phone for anything other than calls, audio and navigation while you're stopped at an intersection or in traffic [1].
So glancing at a message at a red light is treated the same as doing it at 50km/h.
When you're parked
NZTA's advice is to use your phone only once you've pulled over and parked safely [1]. Stopping for a genuine reason, not because of the flow of traffic, is what separates a parked car from one sitting at the lights [2].
Quick reference
| Situation | Allowed? |
|---|---|
| Holding the phone to talk while driving | No, unless calling 111 or *555 and it's unsafe to stop [2] |
| Hands-free call via Bluetooth or car controls | Yes [2][1] |
| Phone in a fixed mount for GPS or music, brief touches only | Yes [2][1] |
| Reading or sending a text, even in a mount | No [2][1] |
| Checking your phone at a red light or in a queue | No, the rule still applies [2][1] |
| Using your phone after pulling over and parking safely | NZTA's recommended approach [1] |
The fine and demerit points
If you're caught using a handheld mobile phone while driving, NZTA says you could be fined $150 and given 20 demerit points [1]. The Land Transport (Offences and Penalties) Regulations 1999 confirm the $150 infringement fee and 20 demerit points for this offence, and set a maximum penalty of $1,000 for an individual convicted in court [3][4].
The fee went up from $80 to $150 on 30 April 2021 [5][6], when the Government said Police had issued over 40,000 notices for the offence the previous year [6]. We could find no further change to the fee or points announced on a primary government source at the time of writing, and the current regulations still show $150 and 20 points [3].
Why 20 points matters: if you collect 100 or more demerit points within 2 years, you get a 3-month licence suspension [4]. Points stay on your record for 2 years from the date of the offence [4]. A phone ticket on top of a couple of speeding tickets can tip you over faster than you'd expect.
What the crash data shows
The Ministry of Transport notes that diverted attention may be under-represented in police-reported crash data [7]. Even so, the numbers are sobering. In 2024 there were 12 fatal crashes, 112 serious injury crashes and 773 minor injury crashes where diverted attention was a contributing factor. In those crashes, 14 people died, 131 were seriously injured and 1,014 suffered minor injuries [7]. "Diverted attention" covers a range of distractions, including using a cell phone, talking with passengers and adjusting the radio [7].
For phones specifically, the Government said in 2021 that between 2015 and 2019 there were 22 road deaths and 73 serious injuries where drivers were distracted by a mobile phone, and noted this was likely under-reported [6].
The simplest way to stay legal
NZTA suggests turning on "Do not disturb while driving", and setting your destination and playlist before you start [1]. Safest of all is letting calls go to voicemail [1].
If phone tickets have already cost you your licence
If demerit points have added up to a suspension, the Ministry of Justice says you may be able to apply to the court for a limited licence, with no stand-down period for demerit suspensions [8]. You have to show the court that not being able to drive would cause extreme hardship to you or undue hardship to someone else, such as an employer or dependants [8]. It isn't guaranteed, and it isn't available in every situation [8].
NZ Limited Licence prepares limited licence application documents for suspended drivers who need to drive for work. We aren't a law firm and don't appear in court. You can reach us on 0800 437 005.
Sources
- Using mobile phones while driving, NZ Transport Agency Waka Kotahi, https://www.nzta.govt.nz/driving-skills/safe-driving-habits/driver-distraction/using-mobile-phones-while-driving (accessed 27 September 2026)
- Land Transport (Road User) Rule 2004, clause 7.3A and definitions, New Zealand Legislation, https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2004/427/en/latest/#DLM2297911 (accessed 27 September 2026)
- Land Transport (Offences and Penalties) Regulations 1999, Schedules 1 and 2, New Zealand Legislation, https://www.legislation.govt.nz/secondary-legislation/pco-drafted/1999/99/en/latest/#DLM281710 (accessed 27 September 2026)
- Demerit points, NZ Transport Agency Waka Kotahi, https://www.nzta.govt.nz/driver-licences/driving-offences-and-penalties/demerit-points (accessed 27 September 2026)
- Road safety penalties, Ministry of Transport, https://www.transport.govt.nz/area-of-interest/safety/road-safety-penalties (accessed 27 September 2026)
- Road safety boosted by increased penalty for mobile use while driving (16 April 2021), Beehive.govt.nz, https://www.beehive.govt.nz/release/road-safety-boosted-increased-penalty-mobile-use-while-driving (accessed 27 September 2026)
- Safety annual statistics: Diverted attention, Ministry of Transport, https://www.transport.govt.nz/statistics-and-insights/safety-annual-statistics/sheet/diverted-attention (accessed 27 September 2026)
- Get a limited licence, Ministry of Justice, https://www.justice.govt.nz/courts/criminal/get-a-limited-licence/ (accessed 27 September 2026)
Frequently asked questions
Can I use my phone at a red light in New Zealand?
No. Stopping at lights or in traffic is normal starting and stopping in a flow of traffic, so the phone rule still applies. Only use your phone once you've pulled over and parked safely.
Is it legal to use Google Maps on my phone while driving?
Yes, if the phone is secured in a mounting fixed to the vehicle and you only touch or look at it infrequently and briefly. Set your destination before you start driving.
How much is the fine for using a phone while driving?
The infringement fee is $150 plus 20 demerit points, and the maximum penalty on conviction is $1,000. The fee rose from $80 to $150 on 30 April 2021.
Can I read a text if my phone is in a cradle?
No. The mounted-phone exception covers calls and uses like navigation and music, not creating, sending or reading texts or emails.