Are you making this driving mistake? This simple oversight could cost you $1,000

Driving in Australia, just like in most places around the world, comes with a set of rules that motorists must follow to ensure both their safety and that of other road users.

However, some rules might not be as well known as others, leading to hefty fines for unsuspecting drivers.

This is the case for a driver in Queensland who was fined for breaking a little-known rule.



The driver from Upper Coomera received a penalty notice by mail for having a mobile phone in their lap.

They expressed their frustration on social media and wrote: ‘Worth contesting?’


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A motorist from Queensland received a fine for violating a little-known rule. Image source: Facebook



‘For sure. Both hands on the wheel, and not using the phone,’ one person said.

‘Given that both hands are on the steering wheel, I’m surprised this has been picked up,’ another replied.



But a third person pointed out: ‘Unfortunately mate, while you weren’t holding it, the law is (that) “no part of your body to be in contact with a mobile device.”’

A Queensland Revenue Office spokesperson explained: ‘To keep yourself and other road users safe, your full attention is needed when driving.’

‘It is illegal to hold a mobile phone in your hand or have it resting on any part of your body, such as your lap when driving.’


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It is illegal to use a mobile phone while driving in Queensland, even if it is on your lap or in your hand. Image source: Queensland Government



This law applies even if the device is turned off, you're not actively using it, or your car is not in motion, for instance, when you're stuck in traffic.

Surprisingly, not all drivers were familiar with this little-known traffic rule.



Many sympathised with the driver, expressing that they were not aware that having a powered-off device touching their body could incur such a fine.

One person asked if having the phone turned off while resting on the passenger seat was also an offence.

As per the Queensland Revenue Office spokesperson, 'The phone does not need to be turned on or in use for it to be an offence.'

These episodes underline the importance of keeping updated with existing traffic rules.



In Queensland, the standard penalty for handling a phone while driving is a fine of $1,161 and four demerit points.

If the same offence is committed within a year, double demerit points are recorded.

Flouting these laws is not only costly; it can also compromise your driving record and impact your ability to hold a driver’s license.

More importantly, distracted driving poses a significant danger to everyone on the road.

Remember, adhering to road safety rules is a shared responsibility. Next time when you get in the car, ensure your mobile device is stored so that it will not distract you or inadvertently come into contact with any part of your body while you are driving.
Key Takeaways
  • A Queensland driver was fined after being caught with a mobile phone on their lap, despite the device appearing to be off.
  • The driver expressed their intentions to contest the penalty and sparked a debate on social media.
  • A Queensland Revenue Office spokesperson clarified that it is illegal to have a mobile phone resting on any part of the body while driving.
  • The average fine for the offence is $1,161, along with four demerit points, and double demerits apply for repeat offences within the year.
Learning about and understanding Australian driving laws can be a life and money saver for both experienced and novice drivers alike.

Have you checked your state's driving laws recently, and are you inadvertently making this or any other mistake that could dent your wallet? Let us know your thoughts and any peculiar driving laws you've come across.
 
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Surely a bit of common sense would tell you not to have your phone anywhere in sight, or in reach, whilst driving. Having it on your lap would be asking to be booked. Why would you be driving with a phone on your lap unless you were intending to sneakily use it? I think the fine is justified.
 
This sux to me being hard of hearing (ie when using Google maps talking assistant & I need it on my lap to hear it as I dont have a hands free cradle & cant use fancy things like bluetooth etc so i have had it on my lap to be able to hear the damn thing (max volume not loud enough either). For me stopping on freeways/missing turn offs, etc due to being lost or stopping to look at maps so I dont get lost would be far more dangerous than listening to my Google maps while its on my lap where I can hear it :(
 
Stop with this BS
BS?

Don't revenue departments have KPIs?
Don't staff in them have performance appraisals, with KPIs derived from those of the Department?
Don't staff take their appraisal into consideration when making decisions?

I've worked in two revenue departments, with KPIs and performance appraisals.

I have repeatedly observed staff in both departments being influenced by their own interests to the detriment of the public.

If the law specifically applies to 'a phone resting on your lap' not just 'in contact with any part of your body' then being in your pocket is fine.

But if not then some revenue officers will inevitably make the decision to issue an infringement for having it in your pocket.

That's just human nature.
 
This sux to me being hard of hearing (ie when using Google maps talking assistant & I need it on my lap to hear it as I dont have a hands free cradle & cant use fancy things like bluetooth etc so i have had it on my lap to be able to hear the damn thing (max volume not loud enough either). For me stopping on freeways/missing turn offs, etc due to being lost or stopping to look at maps so I dont get lost would be far more dangerous than listening to my Google maps while its on my lap where I can hear it :(
I suggest you get a Navman or similar which you can get an attachment so it is attached to your windscreen but out of your line of sight. I am hard of hearing & can hear mine when stuck on the windscreen. Better & safer than using your phone.
 
BS?

Don't revenue departments have KPIs?
Don't staff in them have performance appraisals, with KPIs derived from those of the Department?
Don't staff take their appraisal into consideration when making decisions?

I've worked in two revenue departments, with KPIs and performance appraisals.

I have repeatedly observed staff in both departments being influenced by their own interests to the detriment of the public.

If the law specifically applies to 'a phone resting on your lap' not just 'in contact with any part of your body' then being in your pocket is fine.

But if not then some revenue officers will inevitably make the decision to issue an infringement for having it in your pocket.

That's just human nature.
How would they know it was in your pocket if you had it turned off? It would not be visible or audible so no problem.
 
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Surely a bit of common sense would tell you not to have your phone anywhere in sight, or in reach, whilst driving. Having it on your lap would be asking to be booked. Why would you be driving with a phone on your lap unless you were intending to sneakily use it? I think the fine is justified.
I often have mine on the passenger seat if I have got in the car & made a call. I don't want to get out of the car again to put it in my handbag in the back of the car so just turn it off & put it on the seat. I would fight anyone who suggested it was there so that meant I intended to use it as I never have & never will use it while driving.
 
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Reactions: Gsr
BS?

Don't revenue departments have KPIs?
Don't staff in them have performance appraisals, with KPIs derived from those of the Department?
Don't staff take their appraisal into consideration when making decisions?

I've worked in two revenue departments, with KPIs and performance appraisals.

I have repeatedly observed staff in both departments being influenced by their own interests to the detriment of the public.

If the law specifically applies to 'a phone resting on your lap' not just 'in contact with any part of your body' then being in your pocket is fine.

But if not then some revenue officers will inevitably make the decision to issue an infringement for having it in your pocket.

That's just human nature.
What are KPIs?
 
If you are stuck in stationary traffic & therefore not moving I don't see the problem with using the phone to notify someone you will be late. Only thing is, you need to remove the keys from the ignition as I have heard that if they are in situ then you can be considered to be driving (dumb).
 
How would they know it was in your pocket if you had it turned off? It would not be visible or audible so no problem.
But how about if it is in your pocket and turned on ? I am in WA, so perhaps the laws are different here
 
That's why I had my grandson teach me the dings and dongs of using bluetooth enabled phone operations in the car. I feel like quite the smarty bum talking to the windscreen while driving around, and, it's all voice activated with no need to use the hands. I am not much on modern tech, but this is really handy when driving. I get momentary pleasure in asking my phone to ICE John when phoning hubby. To explain, there is no hidden desire to ice my hubby, I have him as my ICE contact on the phone which I am told is ambulance/police speak for In case of Emergency.
My phone is always in the handbag on the back set of the car. Even the handbag can be a distraction if it goes tumbling onto the floor, so, I choose to keep it out of sight and out of mind.
 
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