Pensioner 'struggling' after copping $1,209 fine for 'ridiculous' road rule

The Queensland driver was stung by the new seatbelt and phone detection cameras, with the fine costing 'more than her fortnightly pension'.

Left: Lanes of traffic on busy road. Right:  Pensioner Maree Bauer caught on mobile detection camera with phone beside her.
Queensland woman Maree Bauer said the phone was resting on her handbag beside her, but she still received a $1,209 fine. Source: Google/Supplied

An Aussie pensioner says she is "struggling" financially after copping a hefty $1,209 fine for allegedly breaking a major road rule — one that scores of Aussies have claimed is "ridiculous" and unfair.

Queensland woman Maree Bauer was photographed "using her phone while driving" along the Capricorn Highway in Emerald last month. At least, that is what the infringement notice she received in the days that followed alleges. She, however, claims this wasn't the case.

Speaking with Yahoo News Australia, the 70-year-old said the infringement amount "costs me more than my pension" which is roughly $1,114 a fortnight. She also copped four demerit points.

Maree was snapped by one of the state's dual capability cameras, which can now detect various mobile phone and seatbelt offences. Queensland was reportedly the first Aussie state or territory to introduce dual-tech cameras last year, before NSW, the ACT, Victoria and South Australia followed.

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The penalty in the Sunshine State far exceeds any other, with NSW drivers made to pay $410, while in Victoria it's $593 if caught using a mobile phone while driving. However, many have claimed they've been wrongly fined suggesting the cameras are flawed.

Left: Queensland infringement notice for $1,209. Right: Camera photo showing Maree Bauer driving in car watching the road in front.
The pensioner was fined $1,209 and four demerit points despite claiming she wasn't distracted by her phone at all. Source: Supplied

Speaking to Yahoo, the pensioner slammed the ruling as "ridiculous" claiming she wasn't holding her phone at all. She explained she had a dog cage strapped to her front seat with her handbag "jammed down between me and the console" with her phone resting on top of her handbag.

She admits she did have her thumb resting against the device to prevent it from slipping as she was "listening" to the prompts of Google Maps, directing her where to go — as evidenced in the images shared with Yahoo.

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"But they classed it as 'phone use' as you can see on the fine. It's just ridiculous," she said, and pointed out another photo which shows her eyes on the road and appearing to be not distracted by the device.

Recent changes to the Australian Road Rules regarding mobile phone use have broadened the definition of 'use' as far as mobile phones are concerned. The device cannot be touching any part of the driver with some admitting they've been caught out with it on their lap — even if they've had two hands on the steering wheel.

Queensland authorities say 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.

A Queensland Revenue Office (QRO) spokesperson told Yahoo News all offences are reviewed by officers before a fine is issued, and drivers have the right to appeal an infringement or can have the matter heard in court.

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"Camera images are initially filtered by Artificial Intelligence software which detects if there was possible illegal use of a mobile phone by the driver," the spokesperson said. "If a possible offence is detected, the images are reviewed by two authorised officers within QRO to determine whether to issue an infringement."

Maree said that while she knew holding a phone while driving was illegal, she had no idea she was doing anything wrong. "I don't consider that as being on my body," she said.

"I'm not innocent but I never talk on my phone while driving, it goes through my car. I thought 'this is a joke'."

The significant fine has now put a dent in the pensioner's Christmas budget with Maree admitting she's had to put her plans "on hold".

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"I've got two grandsons... I was actually counting up my change tin last night. I throw all my loose change through the year into a tin. I was counting that up to see if it would get me through Christmas," she said.

"I just have to cop it. I don't have money to fight it... and besides, you can't beat it, you can't win," she added.

NSW driver caught on mobile and seatbelt detection camera.
A NSW driver argued his recent seatbelt fine saying the images are 'terrible quality' and don't accurately show the alleged offence. Source: Supplied.

To date, tens of thousands of drivers have been caught by the phone and seatbelt detection cameras since they began rolling out across the country — many claim there'd been a mistake.

Recently, a South Australian man received more than $600 in fines for having his phone resting on his lap. In July, one NSW driver saw his $410 fine and 10 demerit points dropped after he submitted an appeal.

Earlier this month, another NSW driver shared their frustration at receiving a seatbelt fine, arguing the grainy and unclear photos supplied by authorities failed to show proof of the apparent act.

Meanwhile in Queensland, one man successfully overturned a $1,000 fine over how his passenger wore her seatbelt.

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