Are mobile phone detection cameras unfairly targeting drivers? Here’s what you need to know

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.


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Road rules under scrutiny as fines increase nationwide. Image source: Pexel/Tobi


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.


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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.

Key Takeaways

  • Mobile phone detection cameras in NSW and SA have caused confusion and frustration among drivers, with many feeling they were unfairly fined.
  • A rise in disputes has led to calls for better photo verification and clearer processes for challenging fines.
  • Experts have noted a widespread misunderstanding of mobile phone laws, particularly regarding phones being placed on laps.
  • Drivers are questioning the fairness of the fines, with some seeking legal advice and potentially facing costly disputes.

Do you think the technology is working, or is it time for a change? Share your comments below!
 
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Most cars have adjustable seatbelts/and seats, so the belt is not across your neck. There are other options, such sitting on a cushion. etc. If you are short in stature? seek professional advice. Do you have the statistics of accidents where people have heads cut off ? :unsure: :cool:
A Google search says one.
 
As far as I'm concerned, if a driver is pinged for either offence, they should have the absolute right to request a copy of the photo depicting the offence with date & time clearly displayed.
Then the ultimate decision with how they deal with the accusation is entirely up to them.
If the driver is clearly in the wrong, then bare the consequences& pay the fine.
One has only themselves to blame if in the wrong.
Photos are issued with the fines by the sounds of it! The problem is the people that check the photos aren't checking them properly & then compounding it by not allowing communication to resolve it! Very unfair & expensive if you are innocent!
 
Next thing we will be fined if 2 hands aren't on the wheel (how the heck will we change gears, or use an indicator, adjust a mirror etc)??
 
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Next thing we will be fined if 2 hands aren't on the wheel (how the heck will we change gears, or use an indicator, adjust a mirror etc)??
Don't be silly, the law takes these necessary actions into account.
It applies to people who just drive along with only one hand on the steering wheel for no reason
If you blow a tyre you'd wish you had both hands on the wheel.
It's classed as driving with undue care, and although not a law, it is an offence, and you can be charged and fined for it.
 
What a silly comment.
I don't think anyone cares one way or the other if you choose to pick your nose.
Secondly it is an offence in all States to drive with only one hand on the wheel except in the case of changing gears, turn on windscreen wipers etc. Which I would think anybody with half a brain is aware of.
Apart from these things you are supposed to have both hands on the wheel otherwise you can be fined for driving with undue care.
You might want to rethink your strategy next time you're amusing yourself picking your nose.
You FAILED, in delivering what you thought was a withering denunciation of me but which was just hot air, to answer my questions. Maybe you don't actually know what you're talking about?
 
For a start, you could try English. Secondly you failed to answer my question yet you present yourself as the fount of all knowledge on the matter in hand. You failed to answer my question about pilots. You need to fact check yourself, in English, before commenting on matters you so obviously know nothing about. You are an empty point scorer. And that fly must be really annoying you now - but keep both hands on the wheel while you scream for Alexa or Siri to open the goddamned window!!!
Thank you!!!! You’ll go far! I did not comment on Pilots because I’ve never been anywhere near one - I worked for Police for 14 years. And I don’t get your comment about trying English - Please Explain!
 
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Mark@Home you are a waste of time, a person with a head about 10 times bigger than your brain with only air between the sizes of head and brain - your comments to so many others are just a waste of time reading, because they come across as being all “me, me, me” and I’m talking about you not me, by the way.
 
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It has nothing to do with safety. It's all about revenue raising. Governments have become addicted to the huge income they get by fining everyone for anything they can get you on.
The police these days are nothing more than defacto revenue raisers for the government who spend OUR dollars like drunken sailors.
Absolutely correct. Most traffic fines are pure revenue raising. And our governments keep making more rules and regulations about everything, supposedly to keep us safe but really about raking in more money for licenses, permits, penalties, etc.
 
  • Haha
Reactions: deni67
Mark@Home you are a waste of time, a person with a head about 10 times bigger than your brain with only air between the sizes of head and brain - your comments to so many others are just a waste of time reading, because they come across as being all “me, me, me” and I’m talking about you not me, by the way.
Being so triggered as you are, you should seek help.
 
Absolutely correct. Most traffic fines are pure revenue raising. And our governments keep making more rules and regulations about everything, supposedly to keep us safe but really about raking in more money for licenses, permits, penalties, etc.
It seems as though so many seem to think ‘money grows on trees’ and the government has an endless supply. It is money raised from taxes AND from your so-called ‘revenue raising’ when you do wrong and get fined. Do the wrong thing and you must expect to be FINED. Yes, it does go towards revenue but think of the options - higher taxes in all areas for ALL.

Would all you ‘revenue raiser’ ‘crims’ who disobey rules prefer to pay fines when doing the wrong thing or have EVERYONE’s taxes raised for every government expense. I feel you think it is my responsibility as a law-abiding citizen to pay for your offence. I would prefer to have fines for the former (i.e. Pay the fine if you do the crime). Why should my taxes go up if you do wrong?
 
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Thank you!!!! You’ll go far! I did not comment on Pilots because I’ve never been anywhere near one - I worked for Police for 14 years. And I don’t get your comment about trying English - Please Explain!
As a policewoman, you are happy to pull out a spurious "Safety Card" and waft it in people's faces as though it is a shibboleth that must not be criticised. As a woman, you fail to push that other oft-quoted feminine shibboleth - of your kind to multitask. You are not just confused, you are deeply muddled by your internal conflictions
Mark@Home you are a waste of time, a person with a head about 10 times bigger than your brain with only air between the sizes of head and brain - your comments to so many others are just a waste of time reading, because they come across as being all “me, me, me” and I’m talking about you not me, by the way.
Oh, what a charmer you are - not! :)
.
 
As a policewoman, you are happy to pull out a spurious "Safety Card" and waft it in people's faces as though it is a shibboleth that must not be criticised. As a woman, you fail to push that other oft-quoted feminine shibboleth - of your kind to multitask. You are not just confused, you are deeply muddled by your internal conflictions

Oh, what a charmer you are - not! :)
.
Who said anything about being a police woman?? Ha, ha, you are so misinformed and full of yourself. Good luck in life! You’re going to need it.
 
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