Unbelievable! Wife hits a roadblock with a $362 fine due to this legal technicality
- Replies 11
It's no secret that roads, particularly in big cities, can be hazardous. These days, there's more to worry about than just cars: there are also cyclists and not to mention pedestrians too!
And then, of course, there are all the rules and regulations when it comes to driving.
Case in point: one Aussie woman has been left gobsmacked and is seeking advice after her husband was slapped with a whopping $362 fine and five demerit points, all because of a split-second decision made behind the wheel.
The fine was issued due to her husband using his mobile phone while driving, but the woman explained that the mobile phone was actually secured in a cradle at the time, and her husband was merely touching the screen to check 'the navigation near the exit.'
‘We requested to review it, but they said you can't touch the phone for any reason while driving,' the bewildered wife posted in a Facebook group dedicated to mobile phone detection cameras.
After conducting her own research online, she pushed authorities on whether it was legal to answer a phone call or use a navigation app while driving.
‘But they said if we need to touch the phone, we definitely need to stop the car and touch the phone,’ she added, stating she was also informed that 'the only way to answer a call' is to use a button on the steering wheel or a Bluetooth headset.
A photo of the fine does show her husband's four fingers resting on the back of the mobile phone and his thumb allegedly tapping the screen – while it's secure in the cradle.
This incident sparked debate among fellow motorists online. Many argued that the message not to use your phone while driving is ‘bright and clear’.
One commenter said, 'How doesn't everyone know this by now?' Others agreed it seemed ‘pretty straightforward’.
One person even suggested: ‘If you're going to touch your phone, use a single finger. Can't get you for that. There's no need to hold the phone.’
However, some social media users disagreed with the decision and urged the couple to fight the fine in court. ‘You can touch the phone for answering calls and navigation, as long as it’s fixed on a mount,’ one person wrote.
But what does the law say?
In NSW, according to the state’s Centre for Road Safety, unrestricted licence holders are allowed to use a driver’s aid, such as a navigation app, only if the phone is secured in a cradle fixed to the car.
They can also make or receive a call or use music functions, provided the phone is secured to a cradle and can be operated without touching any part of the phone. However, learners and provisional licence holders are not allowed to do any of the above.
'Using a mobile phone legally can still be distracting. Consider the traffic conditions before using your phone,' the Centre for Road Safety website reads.
One driver who joined the debate pointed out that Queensland motorists can now be hit by a $1,078 fine and four demerit points for using a mobile phone illegally while driving.
It was also mentioned that the state's road toll had dropped considerably since this change.
Indeed, Queensland has witnessed a decline in road fatalities this year. From January 1 to May 21, Queensland saw a 20 per cent drop—a difference of 25 fewer people—in crash fatalities when compared to the same period last year, according to Department of Transport and Main Roads statistics.
The Queensland Government does allow open and P2 licence holders to touch their phone if it's in a cradle to accept a call, use navigation apps, skip a song, or accept or end a trip as a rideshare driver.
With laws varying across states and technology constantly evolving, we strongly advise everyone to familiarise themselves with their local road rules when it comes to mobile phone usage and driving.
So, members, what do you think? Is it fair to fine this driver? It's a fine line between convenience and safety, and this tricky situation really makes us think, but we’d like to hear your thoughts!
And then, of course, there are all the rules and regulations when it comes to driving.
Case in point: one Aussie woman has been left gobsmacked and is seeking advice after her husband was slapped with a whopping $362 fine and five demerit points, all because of a split-second decision made behind the wheel.
The fine was issued due to her husband using his mobile phone while driving, but the woman explained that the mobile phone was actually secured in a cradle at the time, and her husband was merely touching the screen to check 'the navigation near the exit.'
‘We requested to review it, but they said you can't touch the phone for any reason while driving,' the bewildered wife posted in a Facebook group dedicated to mobile phone detection cameras.
The woman pushed back against the fine her husband received. Credit: Taras Makarenko/Pexels
After conducting her own research online, she pushed authorities on whether it was legal to answer a phone call or use a navigation app while driving.
‘But they said if we need to touch the phone, we definitely need to stop the car and touch the phone,’ she added, stating she was also informed that 'the only way to answer a call' is to use a button on the steering wheel or a Bluetooth headset.
A photo of the fine does show her husband's four fingers resting on the back of the mobile phone and his thumb allegedly tapping the screen – while it's secure in the cradle.
This incident sparked debate among fellow motorists online. Many argued that the message not to use your phone while driving is ‘bright and clear’.
One commenter said, 'How doesn't everyone know this by now?' Others agreed it seemed ‘pretty straightforward’.
One person even suggested: ‘If you're going to touch your phone, use a single finger. Can't get you for that. There's no need to hold the phone.’
The case sparked a debate online. Credit: Caio/Pexels
However, some social media users disagreed with the decision and urged the couple to fight the fine in court. ‘You can touch the phone for answering calls and navigation, as long as it’s fixed on a mount,’ one person wrote.
But what does the law say?
In NSW, according to the state’s Centre for Road Safety, unrestricted licence holders are allowed to use a driver’s aid, such as a navigation app, only if the phone is secured in a cradle fixed to the car.
They can also make or receive a call or use music functions, provided the phone is secured to a cradle and can be operated without touching any part of the phone. However, learners and provisional licence holders are not allowed to do any of the above.
'Using a mobile phone legally can still be distracting. Consider the traffic conditions before using your phone,' the Centre for Road Safety website reads.
One driver who joined the debate pointed out that Queensland motorists can now be hit by a $1,078 fine and four demerit points for using a mobile phone illegally while driving.
It was also mentioned that the state's road toll had dropped considerably since this change.
Indeed, Queensland has witnessed a decline in road fatalities this year. From January 1 to May 21, Queensland saw a 20 per cent drop—a difference of 25 fewer people—in crash fatalities when compared to the same period last year, according to Department of Transport and Main Roads statistics.
The Queensland Government does allow open and P2 licence holders to touch their phone if it's in a cradle to accept a call, use navigation apps, skip a song, or accept or end a trip as a rideshare driver.
With laws varying across states and technology constantly evolving, we strongly advise everyone to familiarise themselves with their local road rules when it comes to mobile phone usage and driving.
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