Driver fined because her passenger was on Facetime

Recent article that should serve as a caution!

"Can a driver be penalised if a passenger uses a mobile phone?

We've had some NRMA Members contact us to ask about a story which emerged over the weekend about a Sydney driver getting fined $337 dollars because her passenger was on FaceTime. The offence on the fine was listed as 'Drive vehicle with TV/VDU image likely to distract'. This offence is covered by Road Rule 299 (1)(a), which states that:

"A driver must not drive a vehicle that has a television receiver or visual display unit in or on the vehicle operating while the vehicle is moving, or is stationary but not parked, if any part of the image on the screen:

(a) is visible to the driver from the normal driving position, or
(b) is likely to distract another driver."

This regulation makes it an offence for the phone’s “visual display” to be “visible to the driver”. This means it is an offence to merely have your phone sitting next to you if its screen is turned on. The regulation is written so broadly, that it even captures circumstances where your phone is locked, but happens to light up if the phone receives a notification. As long as the phone’s visual display is visible to the driver – you are offending regulation 299. Evidently, this gives police wide discretion - including where a passenger's mobile phone visual display is visible to the driver.

Exceptions are provided under 299(2) if the visual display is being used to aid the driver and is “secured to a mounting affixed to the vehicle” but generally, if your phone is not affixed to a mounting device, and is just sitting on the seat next to you – you could be offending this regulation even if you do not touch the phone.

The penalty to the driver is $337 and 3 demerit points. If it’s in a school zone then it’s $448 and 4 demerits."

Dock your phone. Mounts are cheap.

Thanks Kevin, and Ben.

I know somebody who was fined because the passenger was holding a phone for the driver while on call. True, mounts are cheap.

How is cellphone usage while driving enforced in OZ? Here people just don't care and just text while driving. We don't have that much enforcement for distracted driving here.

Mainly when spotted by the men in blue - but detection cameras are being trialed from bridges overs motorways. Queensland may introduce a $1000 fine: https://www.news.com.au/technology/...d/news-story/7b4fa371f2402b27d4346e800c7a2344

I'd be happy if they introduced such a fine Australia wide! They are now referring to it as "$1000 for distracted driving" so methinks this has much wider coverage than cell phone use.

Amusing little film shown at every MIFF (Melbourne International Film Festival) session:

https://youtu.be/WmAdaDaFEuc

We already have them in Victoria. Overhead cameras to detect illegal mobile phone use or storage (eg, on the passenger’s dear or sitting in the console).

I don’t know what the fine is but I know it’s worth leaving your phone in the console or in your pocket when driving. Ignore any vibration alerts - or pull over where safe to do so and check your messages/alerts etc.

People will learn where these overhead camera live and behave properly near/around them. Much like they do for fixed speed cameras.

Best bit is that most of these devices live where the masses are. Most country folks do the right thing - most!

Cheers

Bennie

For the cost of a cradle/dock, buy one and use it I reckon.
I feel weird if I haven't got my phone in a cradle when driving, I'm that used to it. It's a bit like not wearing a seat belt... :ebiggrin:

[MENTION=114]Kevin[/MENTION], that would be a nice hefty fine! We need that here, although we don't have that much enforcement as OZ.

[MENTION=145]El_Freddo[/MENTION], We need that in Auckland. There's just too much distracted driving here.