Navigating the roadways requires not only skill and attention but also a thorough understanding of the rules that govern our driving. However, even the most seasoned drivers can be caught off guard by some of the more obscure regulations that could lead to a hefty fine or loss of demerit points. One such rule recently came to light when a Sydney motorist found himself on the wrong side of the law, and his experience serves as a cautionary tale for all of us behind the wheel.

Fred Khoury, a Sydney driver, was stopped by NSW Police not only for failing to indicate while changing lanes but also for a lesser-known offence that many of us might overlook: using a mobile phone while parked with the engine running. Khoury's encounter with the law, which he shared on social media, has sparked a conversation about the intricacies of road rules and the importance of understanding them fully.

The incident unfolded when Khoury was pulled over and, while stationary by the roadside, he reached for his phone. An officer promptly informed him that he was still in violation of the law. 'You're in a motor vehicle. You can't use the mobile phone,' the officer is heard saying in the video. Despite Khoury's protests that his car was parked and not in operation, the officer stood firm, explaining that the car's engine was running and therefore, the rule applied.

Fred Khoury was pulled over by the police for failing to indicate changing lanes and was informed that it was illegal to use his phone while parked. Credit: @fredkhoury1 / TikTok

This interaction highlights a critical point that many drivers may not be aware of: in New South Wales, and indeed in many other jurisdictions, the definition of 'operating a vehicle' extends beyond driving. It encompasses any situation where the engine is running, even if the car is stationary. This means that if you're sitting in your car with the engine on, you are still considered to be operating the vehicle and are therefore subject to the same mobile phone restrictions as if you were driving.

The NSW government's website clarifies that it is illegal to hold and use a mobile phone while stationary at traffic lights or stuck in traffic. The only exceptions are when you are safely parked out of the line of traffic or when a police officer instructs you to use the phone, such as to show your digital driver's licence.

The penalties for breaching this rule are significant. Illegal mobile phone use while operating a motor vehicle carries a fine of $410, or $544 if detected in a school zone, and can incur a penalty of five demerit points. These are not trivial consequences, and they underscore the seriousness with which authorities treat distracted driving and its potential risks.

Social media reactions to Khoury's video were mixed, with some slamming his attitude and others sympathizing with his confusion over the rule. One user shared their own experience of being fined and losing in court, reinforcing the fact that the car must be turned off before using a phone.

As members of the Seniors Discount Club, it's crucial to stay informed about the rules of the road to avoid unnecessary penalties and ensure our safety and that of others. This story is a stark reminder that ignorance of the law is not a defence and that we must all take responsibility for keeping up to date with the latest regulations.

So, before you reach for your phone in the car, even if you're just waiting for a friend or listening to the radio, remember to turn off the engine first. It's a simple step that could save you from a run-in with the law.

Key Takeaways

• A Sydney motorist was fined for using his phone while the car was parked but running, resulting in a penalty of five demerit points and $544.
• The motorist, Fred Khoury, recorded the incident with NSW Police and posted it on TikTok, sparking discussion on the little-known road rule.
• Under NSW law, it is illegal for motorists to hold and use a mobile phone while stopped at traffic lights or in traffic, and they must be parked out of the line of traffic to use it for other functions.
• Social media users and police clarified that the vehicle must be turned off before a driver is legally permitted to touch their phone, with some commenters sharing their own experiences of being fined for similar offences.

We'd love to hear your thoughts on this. Have you ever been caught out by an obscure road rule? Do you think the laws around mobile phone use and driving are clear enough? Share your experiences and opinions in the comments below, and let's help each other stay informed and safe on the roads

 

[Greg350]

What rubbish, Road Rule 300(3A) clearly states you can be parked and use a phone if the motor is running.

Cops do not have intensive training in road laws and certainly are not updated about changes. Their knowledge is generally no better than a well informed driver.

This is why it's important to know where you can find the road rules quickly, on the spot and show the cop where they are wrong. I've done it for another so called offence, the cop apologised and we both moved on.