The NSW road rule that can see you fined almost $500 dollars for having your phone on passenger seat

Australians could face hundreds of dollars in fines thanks to a little known road rule that bans drivers from having their mobile phones on display next to them. 

The NRMA has warned motorists to be wary of the regulation which deems operating a vehicle while a ‘visual display unit’ is visible to the driver, a punishable offence. 

‘This means it is an offence to merely have your phone sitting next to you if its screen is turned on,’ officials said. 

Offenders are subject to a $344 fine as well as three demerit points, or $457 fine and four demerit points if they violate the rule in a school zone.  

NSW road rules deem operating a vehicle while a ‘visual display unit’ is visible to the driver, a punishable offence, with the exception of devices aiding the driver and is mounted in car (stock image) 

The warning comes after after a Sydney woman was given a fine in June after a passenger in her car was using FaceTime as she was driving

 The warning comes after after a Sydney woman was given a fine in June after a passenger in her car was using FaceTime as she was driving

Because the regulation is so vaguely written, motorists can be accused of breaking the law even if their phone lights up from a notification while their driving.  

However, the NRMA revealed drivers would be off the hook as long as the device is being used to help the driver, such as navigation purposes, and is mounted on the dashboard.     

Sheree, from Sydney, posted a photo of her $337 fine to social media, saying she had no idea she was breaking the law

Sheree, from Sydney, posted a photo of her $337 fine to social media, saying she had no idea she was breaking the law

The warning comes after after a Sydney woman was given a fine in June after a passenger in her car was using FaceTime as she was driving.   

The woman, identified as Sheree posted a photo of the hefty ticket to social media, saying she had no idea she was breaking the law.   

‘Tell your passengers to stay off their phones while you are driving, I got fined because my passenger was on FaceTime,’ she wrote.  

‘Honestly didn’t know that was a thing.’ 

The offence on the fine was listed as ‘Drive vehicle with TV/VDU image likely to distract’. 

Her post has been shared more than 10,000 times, and other drivers echoed her anger, arguing the little-known offence should be publicised more. 

‘What a joke. They haven’t advertised this much. As if we need something else to control while we’re driving,’ one woman wrote. 

'Tell your passengers to stay off their phones while you are driving, I got fined because my passenger was on FaceTime, she wrote under the photo - which has now been shared more than 10,000 times

‘Tell your passengers to stay off their phones while you are driving, I got fined because my passenger was on FaceTime, she wrote under the photo – which has now been shared more than 10,000 times  

‘Ok this is ridiculous. I get drivers being off their phones etc but this is pathetic,’ wrote another. 

‘Tell me you’re going to fight this?!?! That’s ridiculous,’ another woman wrote. 

WHAT IS NSW ROAD RULE REG 299? 

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 is visible to the driver from the normal driving position, or is likely to distract another driver. 

This rule does not apply to the driver if: 

  • The driver is driving a bus and the visual display unit is, or displays, a destination sign or other bus sign 
  • The visual display unit is used as a driver’s aid and either is an integrated part of the vehicle design, or is secured in a mounting affixed to the vehicle while being used.  
  • The driver or vehicle is exempt from this rule under another law of this jurisdiction.

The Roads and Maritime Services’ website confirmed she committed a legitimate offence.

‘Drive vehicle with TV/VDU image visible to driver’ is listed as an offence under their general driving offences section. 

‘Drive vehicle with TV/VDU image likely to distract another driver,’ is also listed. 

Both offences carry the same fine amount, although only the first includes a loss of three demerit points. 

NSW Police confirmed that a driver shouldn’t be able to see ‘any part of the image on the screen’ from a TV or visual display unit while the car is moving.

Last month, a male driver copped the same fine as Sheree, because his passenger was using a laptop.

He was driving on the Pacific Highway at Heatherbrae, in the Hunter Region, on April 22 when he was pulled over by police.

‘Is this real?,’ he posted online along with a photo of his $337 fine and loss of three demerit points.

The description for his offence description read ‘Drive vehicle with TV/VDU image visible’.

Read more at DailyMail.co.uk