Are mobile phone detection cameras unfairly targeting drivers? Here’s what you need to know
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Mobile phone detection cameras have sparked a wave of controversy, with many drivers feeling blindsided by fines that seem to come without clear justification.
What was once a simple road rule has now become a source of confusion, leaving motorists across NSW and SA questioning the fairness of these automated systems.
This growing frustration has led to calls for greater scrutiny and a re-evaluation of how fines are issued, as drivers find themselves caught in a complex web of technology and legal ambiguity.
In Australia, certain road rules have been enforced for years, like having a phone on your lap while driving or wearing a seatbelt underneath your shoulder.
Recently, mobile phone and seatbelt detection cameras using AI technology have exposed a critical misunderstanding of these rules among Australian motorists.
A South Australian lawyer and an employee from a rental car company in New South Wales, both involved with handling fines, have reported an increase in incidents where drivers are caught off guard by these regulations.
The confusion isn't limited to the drivers. Many fines include photos where no clear breach of the law is visible, leaving innocent drivers to deal with costly court disputes or the risk of losing their licences, which could even cost them their jobs.
Motorists are now calling for police to ensure violations are accurate before issuing fines, or for clearer ways to dispute incorrect charges.
Terrifying Near-Miss with Caravan Captured on Aussie Road
One such case involved Ben Digance, a man from Morphett Vale, South Australia, who was fined for allegedly using his phone while driving on December 9.
The image attached to his fine showed his fingers resting together in a way that could resemble holding a phone, but there was no phone in sight.
‘One hand is on the wheel, the other’s on the leg. There’s no visible phone at all ... either on me, or in-hand,’ Digance said.
He explained that he habitually kept his phone in the centre console to avoid breaking the law and was confident that he wasn’t using it.
However, when he tried to dispute the fine, the response was frustrating.
‘When I asked to have the photo reviewed, they’ve still come back with, no, I was using a phone,’ he shared.
Digance added that the dispute process was a challenge, with customer service representatives refusing to engage over the phone and only dealing with emails.
After spending about $1000 on a new stereo system with speech-to-text and hands-free calling, Digance hoped to avoid breaking the law, especially with mobile phone detection cameras becoming more widespread in his state.
Despite this investment, he found the penalty process just as time-consuming and frustrating.
‘It’s a lot of money, and I could understand if it was feasible, but when there is no phone visible, how can you fine someone?’ he asked.
‘There needs to be more scrutiny, and checking to be more certain ... (police need) to be more thorough on the checking of the photos and the fines.’
Road Rules Misunderstood
Karen Stanley, a barrister at SA law firm Stanley Hill Elkins, noted that she had recently received up to 30 calls from people dealing with similar issues.
‘Most of the people that call me are the people with multiple fines, who are about to lose their licence,’ she said.
She explained that while the penalty for using a mobile phone while driving is a fine and demerit points, accumulating too many points can result in a licence disqualification.
Stanley observed that many of her clients had been fined for having their phone visible on their lap, a violation that many were unaware of.
‘That is actually an offence, and it is under the definitions in the rules ... It’s actually been a part of the law for the last 10 years, but is only now becoming enforced because there are photos being taken of people in their cars,’ she explained.
‘This is a real problem in how well the public understands that use of a mobile phone includes having it rest on your lap.’
Stanley also shared that some fines clearly indicated the driver was on their phone, while in other cases, clients were adamant that they were not.
She gave an example of a man wearing a hi-vis shirt who had been wrongly fined for not wearing his seatbelt over his shoulder, pointing out that this was a case worth disputing.
‘Some (fines) I’ll look at, and that person is very clearly on their phone. That person, I recommend to just pay the fine, because if they pay the fine they are going to avoid a conviction,’ she said.
More and More of These
In New South Wales, where mobile phone detection cameras have been in place for longer than in South Australia, an employee of a rental car company noticed a rise in fines issued to customers.
The employee shared on social media about a customer who received a $410 fine and six demerit points for not wearing a seatbelt properly while driving on the M4 at Greystanes on 22 December.
‘I’ve been seeing more and more of these pop up the last few months,’ the employee shared.
‘This poor fellow got whacked with double demerits,’ he added.
Do you think the technology is working, or is it time for a change? Share your comments below!
What was once a simple road rule has now become a source of confusion, leaving motorists across NSW and SA questioning the fairness of these automated systems.
This growing frustration has led to calls for greater scrutiny and a re-evaluation of how fines are issued, as drivers find themselves caught in a complex web of technology and legal ambiguity.
In Australia, certain road rules have been enforced for years, like having a phone on your lap while driving or wearing a seatbelt underneath your shoulder.
Recently, mobile phone and seatbelt detection cameras using AI technology have exposed a critical misunderstanding of these rules among Australian motorists.
A South Australian lawyer and an employee from a rental car company in New South Wales, both involved with handling fines, have reported an increase in incidents where drivers are caught off guard by these regulations.
The confusion isn't limited to the drivers. Many fines include photos where no clear breach of the law is visible, leaving innocent drivers to deal with costly court disputes or the risk of losing their licences, which could even cost them their jobs.
Motorists are now calling for police to ensure violations are accurate before issuing fines, or for clearer ways to dispute incorrect charges.
Terrifying Near-Miss with Caravan Captured on Aussie Road
One such case involved Ben Digance, a man from Morphett Vale, South Australia, who was fined for allegedly using his phone while driving on December 9.
The image attached to his fine showed his fingers resting together in a way that could resemble holding a phone, but there was no phone in sight.
‘One hand is on the wheel, the other’s on the leg. There’s no visible phone at all ... either on me, or in-hand,’ Digance said.
He explained that he habitually kept his phone in the centre console to avoid breaking the law and was confident that he wasn’t using it.
However, when he tried to dispute the fine, the response was frustrating.
‘When I asked to have the photo reviewed, they’ve still come back with, no, I was using a phone,’ he shared.
Digance added that the dispute process was a challenge, with customer service representatives refusing to engage over the phone and only dealing with emails.
After spending about $1000 on a new stereo system with speech-to-text and hands-free calling, Digance hoped to avoid breaking the law, especially with mobile phone detection cameras becoming more widespread in his state.
Despite this investment, he found the penalty process just as time-consuming and frustrating.
‘It’s a lot of money, and I could understand if it was feasible, but when there is no phone visible, how can you fine someone?’ he asked.
‘There needs to be more scrutiny, and checking to be more certain ... (police need) to be more thorough on the checking of the photos and the fines.’
Road Rules Misunderstood
Karen Stanley, a barrister at SA law firm Stanley Hill Elkins, noted that she had recently received up to 30 calls from people dealing with similar issues.
‘Most of the people that call me are the people with multiple fines, who are about to lose their licence,’ she said.
She explained that while the penalty for using a mobile phone while driving is a fine and demerit points, accumulating too many points can result in a licence disqualification.
Stanley observed that many of her clients had been fined for having their phone visible on their lap, a violation that many were unaware of.
‘That is actually an offence, and it is under the definitions in the rules ... It’s actually been a part of the law for the last 10 years, but is only now becoming enforced because there are photos being taken of people in their cars,’ she explained.
‘This is a real problem in how well the public understands that use of a mobile phone includes having it rest on your lap.’
Stanley also shared that some fines clearly indicated the driver was on their phone, while in other cases, clients were adamant that they were not.
She gave an example of a man wearing a hi-vis shirt who had been wrongly fined for not wearing his seatbelt over his shoulder, pointing out that this was a case worth disputing.
‘Some (fines) I’ll look at, and that person is very clearly on their phone. That person, I recommend to just pay the fine, because if they pay the fine they are going to avoid a conviction,’ she said.
More and More of These
In New South Wales, where mobile phone detection cameras have been in place for longer than in South Australia, an employee of a rental car company noticed a rise in fines issued to customers.
The employee shared on social media about a customer who received a $410 fine and six demerit points for not wearing a seatbelt properly while driving on the M4 at Greystanes on 22 December.
‘I’ve been seeing more and more of these pop up the last few months,’ the employee shared.
‘This poor fellow got whacked with double demerits,’ he added.
Do you think the technology is working, or is it time for a change? Share your comments below!
