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

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

  • NSW driver fined $362 
  • Many said it a common act wasn’t illegal

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

The motorist was slapped with the hefty fine after touching his phone, which was in a hands-free cradle, to check the navigation.

A photo was taken of the driver at a motorway exit, with him then sent the fine and struck with the loss of five demerit points.     

The driver’s wife shared the image online asking for public opinion, believing that it wasn’t illegal in New South Wales were the shot was taken.

‘We requested to review it, but they said you can’t touch the phone for any reason while driving,’ she said.

The motorist was slapped with the hefty fine after touching his phone, which was in a hands free cradle, to check the navigation

‘They said if we need to touch the phone, we definitely need to stop the car aside and touch the phone.

‘I have emailed and phoned them. The answer was the same,’ she added in a Facebook group. 

According to Transport for NSW Centre for Road Safety drivers can use a phone if it is secured in a cradle fixed to the vehicle.

Many online were perplexed by the fine, saying that Uber and taxi drivers regularly using phones in cradles.

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

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

When can I use my phone in the car? 

Unrestricted licence

Allowed 

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

Using a driver’s aid, like navigation – Yes, ONLY if the phone is secured in a cradle fixed to the vehicle 

 Access a Digital Driver Licence – Yes, ONLY after a police officer has asked you to do so

Use wallet functions (make a transaction, show a coupon or voucher, or to access an area) – Yes, ONLY if the vehicle is: Stationary; and Off the road (such as in a carpark, driveway or drive thru)

Learner or provisional licence 

Can’t make or receive calls, not allowed to use audio functions, cannot use a navigation system

Illegal phone 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 mobile phone at any time while driving or riding

Source: Road safety NSW 

‘Why is this poor bloke being done for checking his exit. No different to scrolling the navigation on the head unit,’ one person commented.

Poll

Do you think he should have been fined?

  • Yes, it’s dangerous 0 votes
  • No, that’s ridiculous 0 votes

‘I eat a chicken roll, drive a manual and drink a cappuccino with no problems, touching a phone in a cradle should be OK,’ said another.

‘What about Uber and taxi drivers,’ said a third.

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

‘It’s because he’s got his hand around it. If he was just tapping it with his finger, he’d probably never have gotten the fine,’ said one person.

However, others said that he was ‘adjusting the cradle’. 

‘You can see his thumb and all fingers behind it, adjusting the cradle is not illegal,’ one person said.

FEMAIL has contacted Transport for NSW. 

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