NSW driver fined $362 for touching phone in cradle while driving, sparking legal debate

Australia
By William

Driver hit with $362 fine for common driving act shocking thousands: ‘I didn’t know it was illegal’

  • NSW driver will be fined $362
  • Many said it was a common act not illegal

By Bridie Pearson-Jones for Daily Mail Australia

published: | Updated:

A driver has revealed that they were fined $362 for a common driving act – sparking a debate whether it’s legal or not.

The motorist was fined after he touched his phone, which was in a hands-free holder, to check the navigation.

A photo was taken of the driver at a highway exit, then he mailed the fine and hit with the missing person of five penalty points.

The driver’s wife shared the photo online asking for public opinion, believing it was not illegal in New South Wales where the photo was taken.

“We asked to look at it, but they said don’t touch the phone while driving for any reason,” she said.

The motorist was fined after he touched his phone, which was in a hands-free holder, to check the navigation

“They said if we have to touch the phone, we should definitely pull over and touch the phone.

“I emailed and called them. The answer was the same,” she added in a Facebook group.

According to Transport for NSW Center for Road Safety, drivers can use a phone if it is secured in a holder attached to the vehicle.

Many online were baffled by the fine, saying Uber and taxi drivers regularly use phones in cradles.

Many online were baffled by the fine, with many saying Uber and taxi drivers regularly use phones in cradles (stock image)

Many online were baffled by the fine, with many saying Uber and taxi drivers regularly use phones in cradles (stock image)

When can I use my phone in the car?

Unlimited license

Allowed

Make and receive calls and use audio functions – if a phone is in a holder that is attached to the vehicle or can be operated without touching any part of the phone

Use a driver aid such as navigation – Yes, ONLY if the phone is secured in a holder attached to the vehicle

Access to a digital driver’s license – Yes, ONLY after being asked by a police officer

Use wallet features (perform a transaction, show a coupon or voucher, or access an area) – Yes, ONLY if the vehicle is: Stationary; and Off the road (such as in a parking lot, driveway, or drive-in)

Student or provisional driver’s license

Cannot make or receive calls, cannot use audio functions, cannot use a navigation system

Illegal telephone use

All other functions including video calling, texting, emailing, social media, web browsing and photography are prohibited unless parked

It is also illegal to hold and use a cell phone while driving or driving

Source: Road Safety NSW

“Why is this poor fellow being cheated for checking his exit? No different than scrolling through the navigation on the head unit,” one person commented.

Survey

Do you think he should have been fined?

  • Yes, it’s dangerous 54 votes
  • No, that’s ridiculous 290 votes

“I eat a chicken sandwich, drive a manual transmission and drink a cappuccino with no problem, touching a phone in a crib should be okay,” said another.

“What about Uber and taxi drivers,” a third said.

Others pointed out that the driver was resting on the mount itself and not the phone.

“Because he’s got his hand on it. If he just tapped it with his finger, he probably never would have gotten the fine,” said one person.

However, others said he was “adjusting the crib.”

“You can see his thumb and all the fingers behind it, adjusting the crib is not illegal,” one person said.

FEMAIL has contacted Transport for NSW.

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