Major road rule change catching out Aussie drivers with $600 fines
Dual-capability detection cameras are penalising drivers for seatbelt and mobile phone offences. But a simple change to one rule is catching drivers off-guard.
An alarming number of drivers are breaking the law without even realising it as a change to a common road rule continues to catch motorists off guard.
As new high-tech mobile phone detection cameras continue to roll out across the county in record numbers, it seems Aussies are copping fines despite not holding their phones at all. And in some states, it's costing them big.
"The Road Rules Amendment Regulations have broadened the definition of 'use' to circumstances where a mobile phone is being held, including in the driver’s lap," a spokesperson for South Australia Police told Yahoo News Australia.
"Drivers should be aware of recent changes to Australian Road Rules regarding mobile phone use, which came into effect on 6 June 2024," SA Police added.
This means drivers with two hands on the wheel can still cop a hefty penalty if caught by cameras with a mobile phone touching them.
Drivers nabbed by detection cameras for having phone on leg
Adelaide driver Shane recently received more than $600 in fines, despite having no idea he was breaking the law just months after the cameras were introduced across South Australia.
"The photo shows the phone is in my lap... my hands are on the steering wheel and the phone is clearly not in use," he told ABC Radio Adelaide's Breakfast program. Convinced there'd been a mistake, he requested evidence but was reassured the right call was made.
In response to his dispute, he was allegedly told "the use of a mobile phone includes holding the phone, whether or not engaged in a call". "The definition of hold means held by or resting on any part of the driver's body," he said.
Another woman said she was "quite shocked" when she too received a fine for the same thing. While she admits to being careful and not using her phone while driving, she feels not many people would know "you can't have it resting on your leg".
Traffic lawyer Karen Stanley agrees there's been "really poor education and communication" about the road rule, saying many people don't realise they're even committing an offence.
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Safety cameras and road rule rolled out across the country
The rule applies across the country with roads throughout Queensland, New South Wales and the ACT all now equipped with dual-capability cameras, which are also nabbing drivers for seatbelt offences.
In NSW, drivers "must not hold a mobile phone in your hand. It must not rest on your leg, be between your shoulder and ear or any other part of your body". Likewise in Queensland where it's illegal to "have it resting on any part of your body, such as your lap, when driving".
The same rule applies across all other states and territories, and if caught by a detection camera, fines and demerit points will apply which varies from state to state.
Alarming figures after SA's roll out of mobile detection cameras
In October, SA Police said it had issued more than 2,500 fines to drivers detected by the cameras during the first seven days of normal operation. 80 vehicles were also detected four or more times, meaning 80 drivers may potentially lose their licences.
A three-month trial period began in June and ran for three months before fines officially began being issued in September. During that time, police sent out an incredible 68,252 warning letters for phone offences. If fines had been issued during this period it would have totalled a whopping $45 million in just three months.
Drivers caught using their phone will now cop $658 fines. That figure is made up of a $556 fine plus an additional $102 Victims of Crime levy. Drivers under the age of 18 years will receive $556 fine plus a $20 Victims of Crime levy and 3 demerit points.
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