You won't believe this obscure road rule that could get you pulled over by the cops! Discover it now before you're the next one stopped!

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.


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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
 
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What a lot of crap. Road Rule 300(A) gives the definition of what it means for the vehicle to be parked. Nowhere does it clearly state that you may use a mobile phone. It is a definition only.
Rule 300(1) defines that you cannot use a phone unless you are parked 300(3A) adds definition to what constitutes being parked.
 
Can't wait for someone to pulled over by a copper, asked for their licence, shows their digital licence THEN be booked for using a mobile phone with their engine running!

That will open a BIG can of worms!
Rule 304 requires you to "obey... a police officer... whether or not [you] contravene another provision of the rules"

Role 300(1d) also allows you to use your phone if necessary to obey other laws, but doesn't give examples. But I imagine if there was an emergency situation there might be a law relating to reporting it that would be relevant.
 
Here is the Australian Road Rules. For the information of SDC members.

Australian Road Rules

Part 18 Miscellaneous
Rule 300

Current as at 28 May 2021 265

Note: Bus is defined in the dictionary.

300 Use of mobile phones

(1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is
stationary but not parked, unless:

(a) the phone is being used to make or receive an audio phone call and the body of the
phone:

(i) is secured in a mounting affixed to the vehicle while being so used; or

(ii) is not secured in a mounting affixed to the vehicle and is not being held by the
driver, and the use of the phone does not require the driver, at any time while
using it, to press any thing on the body of the phone or to otherwise
manipulate any part of the body of the phone; or
(ab) the phone is being used as a driver’s aid and:

(i) the body of the phone is secured in a mounting affixed to the vehicle while
being so used; and

(ii) the use of the phone does not require the driver, at any time while using it, to
press any thing on the body of the phone or otherwise to manipulate any part
of the body of the phone; or

(b) the vehicle is an emergency vehicle or a police vehicle; or

(c) the driver is exempt from this rule under another law of this jurisdiction.

Note: Emergency vehicle, park and police vehicle are defined in the dictionary.

Examples of driver’s aids
1 Closed-circuit television security cameras.
2 Dispatch systems.
3 Navigational or intelligent highway and vehicle system equipment.
4 Rearview screens.
5 Ticket-issuing machines.
6 Vehicle monitoring devices.

(2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the
vehicle if, and only if:

(a) the mounting is commercially designed and manufactured for that purpose; and

(b) the mobile phone is secured in the mounting, and the mounting is affixed to the
vehicle, in the manner intended by the manufacturer.

(3) For the purposes of this rule, a driver does not use a phone to receive a text message,
video message, email or similar communication if:

(a) the communication is received automatically by the phone; and

(b) on and after receipt, the communication itself (rather than any indication that the
communication has been received) does not become automatically visible on the
screen of the phone.

(3A) For the purpose of this rule, a vehicle may be parked even though:

(a) the key to the vehicle is located in the vehicle’s ignition lock; or

(b) the engine of the vehicle is running.

(4) In this rule:

affixed to, in relation to a vehicle, includes forming part of the vehicle;
audio phone call does not include an email, text message, video call, video message or
other similar communication;
body, in relation to a mobile phone, means the part of the phone that contains the majority
of the phone's mechanisms;
held includes held by, or resting on, any part of the driver's body, but does not include
held in a pocket of the driver's clothing or in a pouch worn by the driver;
mobile phone does not include a CB radio or any other two-way radio;
use, in relation to a mobile phone, includes any of the following actions by a driver:

(a) holding the body of the phone in her or his hand (whether or not engaged in a phone
call), except while in the process of giving the body of the phone to a passenger in
the vehicle;

(b) entering or placing, other than by the use of voice, anything into the phone, or
sending or looking at anything that is in the phone;

(c) turning the phone on or off;

(d) operating any other function of the phone.

300A Interfering with or interrupting funeral procession

A driver must not interfere with, or interrupt, the free passage along any length of road of:

(a) any funeral procession; or

(b) any vehicle or person apparently forming part of the procession.

PLEASE NOTE: This is a consolidated version of the Australian Road Rules. These Rules are a national model law and are intended to provide the basis for nationally consistent road rules.
These Rules do not, by themselves, have any legal effect.
 
The real criminals don't get fined for the crimes they commit. Motorists get fined for every little thing. Youth crime could be reduced if repeat offenders were fined, or made to pay for the damage they do.
Disagree....Youth crime could be reduced if ALL offenders are fined AND made to pay for any damage that they do and repeat offenders are sent to juvenile detention centres AND made to pay for the damage that they have done. If they are unemployed and if parents cannot pay for the damage that they have caused then restitution will be taken from Centrelink payments each fortnight until all money for damage is paid for.
 
So...you can't pull over to use your phone, but it's ok to drive around drinking coffee, or eating a burger..or having your dog on your lap
You cannot do any of those things....
So...you can't pull over to use your phone, but it's ok to drive around drinking coffee, or eating a burger..or having your dog on your lap.
 
Just obey all rules - don’t try to argue your interpretation of them. That way you will not end up abusing police and increasing your fine. Put your case to the courts if you have to or produce the official regulations.
 
If I’m not mistaken (I may be wrong though) the screenshot only seems to refer to a a static phone in its holder, not a hand held mobile phone. Perhaps you could post the ENTIRE Road Rule 300(3A) so it can be interpreted completely and properly.
I was going to say the same thing. That rule seems to apply to something written above that we cannot see.
PS. You are correct, I just googled it, the above paragraph to the item shown refers to a mobile that is attached to a legal mobile cradle. Pays to read the whole, somewhat long law, and not cherry pick.
 
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One of my neighbour's mobile phone rang while she was driving. She was on a busy road so rather than park in the kerb there she decided to go around the next corner, park, switch her motor off then answer her phone. A policeman saw her go around the corner and asked her why - not just once either. Maybe he thought she was doing it because he was behind her - several vehicles behind. She found it rather intimidating when the cop shone his really strong beamed torch through the window straight into her eyes. It was also at night after dark and she's not normally on the road at night
 
The high tech in some cars you simply push a button on your steering wheel. Are they going to stop us listening to the radio and singing along??
If I’m not mistaken (I may be wrong though) the screenshot only seems to refer to a a static phone in its holder, not a hand held mobile phone. Perhaps you could post the ENTIRE Road Rule 300(3A) so it can be interpreted completely and properly.
 

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