I Was Fined for Having The Phone (GPS Maps on) in Centre Console

Lnpnp on 20/11/2019 - 17:24
Last edited 23/02/2020 - 09:40 by 1 other user

The police officer advised it's illegal to have the phone in centre console with GPS maps on and advised an infringement notice with $344 fine will be posted to my address. Is this the case now? I usually put maps on even during my regular routes just to get traffic alerts. I wasn't touching the phone or using it as such, it's connected to car Bluetooth so that I could control everything from my steering wheel controls anyways.

The officer checked my breath, my license, etc and found nothing, it seemed almost as if he wanted to issue a fine anyway. My fellow OZbargainers, what do you guys think, any advice would be greatly appreciated.

Thanks.

Note: Thanks to everyone for prompt replies and sharing kind thoughts/ advice. I think the discussion has enough information already so I'll just mark it as closed. Let this be a good lesson for anyone who would refer in the future.

Automotive

closed Comments

  • Sage on 20/11/2019 - 17:27
    +2

    Which state, full licence or Ps.

    Yes it's illegal in Vic without a full license. I bought a car with a phone-like screen built in to get around this.

    • npnp on 20/11/2019 - 17:32

      My situation is bit complicated, my license is WA (full license), and car rego in WA as well. However, I was fined in NSW. So I'm assuming NSW laws will apply? Can anyone advise?

      • EightImmortals on 20/11/2019 - 17:42
        +2

        Your license and rego have nothing to do with it. Unless the cop was playing you for a mug knowing you from interstate. The 'laws' (extortion rackets, standover tactics or whatever the hell they are these days) are applied according to the state you are in at the time.

        • npnp on 20/11/2019 - 17:45

          Noted.

  • djkelly69 on 20/11/2019 - 17:30
    +2

    Probably varies from state to state, but I thought it had to be in a cradle. Sounds like yours was just sitting there, unsecured?

    • npnp on 20/11/2019 - 17:35

      I was fined in NSW. However, my license is WA. Does it make any difference? However you are right, the phone was sitting in the cup holder (I would say secured enough, more secured than a damn cradle, to be honest).

  • dcep on 20/11/2019 - 17:31

    What about uber, didi, ola, taxify, bolt

  • SlowCarSlow on 20/11/2019 - 17:34
    +1

    Show us a photo of what it was setup like when you got the fine.

    Both where the phone itself was and what is was showing, and the car screen as well.

    NSW phone rules quick rundown: https://roadsafety.transport.nsw.gov.au/stayingsafe/mobileph…

    • npnp on 20/11/2019 - 17:40

      The phone was actually inside one of the cup holders in the center console and hooked to a charging cable. If I look at it (turning to my left-hand side) then I could see the screen which was showing Google maps directions. However I wasn't looking at it or using it as it was my regular route, I usually put google maps anyways to get speed camera and traffic updates.

      • SlowCarSlow on 20/11/2019 - 17:42
        +2

        Fine will be valid then. Gotta have the screen off or the phone in a "cradle".

        • npnp on 20/11/2019 - 17:48

          After reading a bit that's what I thought too. I am kicking myself 'should have turned the screen off while the officer was walking from his car'. Damn.

          • stratbargain on 20/11/2019 - 17:59
            +1

            @npnp: Why do you leave the screen on in the cupholder? Only reason I could think of is if you want to glance at it every now and then. Sounds fairly dangerous to me.

            Turn the screen off. The phone will charge quicker and you won't get screen burn in as quick

    • dcep on 20/11/2019 - 17:42
      +1

      Mobile phone detection cameras
      The mobile phone detection camera program will be rolled out to enforce illegal mobile phone use by drivers from late 2019.
      The program will include fixed and transportable cameras that will commence operating at locations across the network by the end of 2019. These cameras will target illegal mobile phone use anywhere, anytime.
      Warning letters relating to camera-detected offences will be issued for the first three months. Following this period, the penalty for offending drivers is five demerit points and a $344 fine ($457 in a school zone). The penalty increases to 10 demerit points during double demerit periods.

      How ?

      • npnp on 20/11/2019 - 17:44

        The Officer wasn't referring to the phone detection camera. He was only referring to the location where the phone was sitting and the fact that it had GPS/ Maps (so he assumed I was 'using' it which I think is not a fair assumption).

        • thebadmachine on 20/11/2019 - 17:58
          +1

          While I think the officer could have let you off with a ‘caution’.
          I say better safe than sorry.
          The officer had to make their decision based off of what they saw when they looked into your vehicle (regardless of what a driver may claim).
          And as you said the screen was on and ‘maps’ was open, so it would be logical to think you were using it (and possibly looking down-and-to-the-left at where the centre console is which would take your eyes off the road for longer than if the phone was on the dashboard).

          As to if the officer was being too harsh, or they were trying to keep drivers safe. Maybe it was both.
          Imagine letting you off with a caution, then getting a call on the radio a few minutes later about a crash, and seeing you had a head on collision etc.

  • EightImmortals on 20/11/2019 - 17:39
    +2

    Sounds like constable Mc**ggy was under orders to raise extra revenue that day. What's the differnece between having your phone with the maps on and having a GPS? Total BS state theft again by the sounds of it.

  • whooah1979 on 20/11/2019 - 17:46

    Was the handset in the cradle?

    • npnp on 20/11/2019 - 17:49

      Nope, in one of the cup holders.

      • whooah1979 on 20/11/2019 - 17:59
        +1

        There you go. That is not permitted in nsw.

      • pegaxs on 20/11/2019 - 18:02
        +1

        Aus Road Rules, rule 300 says:

        (b) the phone is functioning as a visual display unit that is being used as a driver’s aid and the phone is secured in a mounting affixed to the vehicle

        So, unless your phone is shaped like a cup…

        • npnp on 20/11/2019 - 18:04

          LOL..

  • Meho2026 on 20/11/2019 - 18:00
    +1

    NSW transport safety rules are that you can not use your phone as a navigation aid unless it is secured in a cradle fixed to the vehicle.
    https://roadsafety.transport.nsw.gov.au/stayingsafe/mobileph…

  • carlJack on 20/11/2019 - 18:09

    Damn thats harsh

  • Moderatorscrimshaw on 20/11/2019 - 18:11

    Commenting closed by OP request

Login or Join to leave a comment
Login Join