‘No second chances’: The strict road rule leaving motorists fuming

Driving comes with its fair share of rules, and while most are well-known, some can catch even the most cautious drivers off guard.

A little-known regulation has been leaving Aussie motorists frustrated—one that many don’t realise exists until it’s too late.

What seems like a simple oversight has already resulted in fines, with experts questioning whether the penalty is too harsh.


Motorists in Australia have been hit with fines for a little-known licence rule that has left many feeling blindsided.

With an increasing number of drivers switching to digital licences, those in New South Wales faced an unexpected issue—if their phone ran out of battery, they were fined on the spot.

Unlike other states where drivers could later present their licence at a police station, NSW authorities did not allow for any leniency.


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NSW drivers fined over surprising licence rule. Image source: Pexel/Pok Rie


Leading lawyer Hayder Shkara described the rule as something that ‘catches people off guard’ and said he believed it ‘feels a bit harsh’.

The digital driver’s licence rollout began in South Australia in 2017, with NSW following in 2019.

By 2025, around 4.5 million NSW residents had adopted the digital option via the Service NSW app.

The ACT, Western Australia and Tasmania were the only states where digital licences were not yet available, though discussions had reportedly begun.

Some motorists had mistakenly believed there was a 24-hour grace period in NSW to present their licence later, but Shkara confirmed this was not the case.

‘You either produce your licence on the spot, or you’re copping a fine. No second chances,’ he said.


He noted that Queensland and Victoria offered drivers the option to provide their licence at a police station if they were unable to do so at the time.

‘Meanwhile, in NSW, it’s like, “Phone dead? Bad luck, here’s a fine,”’ he explained.

Shkara questioned why authorities took such a strict stance when police already had access to a driver’s identification.

‘It’s not like they’re flipping through an old-school address book. So why the strict approach?’ he asked.

‘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.’


According to Shkara, multiple drivers had contacted him about receiving fines for this very issue.

‘One person even said that he was fined despite asking the police officer if he could charge his phone with his car phone charger to which the police officer declined,’ he said.

While the fine could be contested in court, the lawyer pointed out that the $110 penalty might not be worth the effort.

‘It’s just one of those annoying things. Make sure your phone battery is charged when you’re driving.’


Watch the video below to learn more.



Key Takeaways
  • Motorists in NSW were fined if their phone battery died and they could not show their digital licence.
  • Unlike Queensland and Victoria, NSW did not allow drivers to present their licence later at a police station.
  • Lawyer Hayder Shkara called the rule ‘harsh’ and questioned why police did not use their database to verify IDs.
  • While the $110 fine could be challenged in court, Shkara said it might not be worth the effort.

With digital licences becoming more common, do you think fines for a dead phone battery are fair, or should NSW adopt a more lenient approach?

Let us know your thoughts in the comments.
 

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