Sydney driver fined for breaking lesser-known road rule
Written by admin on August 2, 2024
A motorist has shared an encounter with police and the brutal way he discovered a lesser-known driving law.
After being pulled over for failing to indicate, Sydney driver Fred Khoury took out his phone to record the police interaction.
He was then swiftly informed by the officer that what he was doing was actually illegal and could land him a hefty fine of $544 and five demerit points.
According to the police officer, any use of a mobile phone while operating a motor vehicle is prohibited, even if the car is in park or out of the way of traffic.
“You’re in a motor vehicle. You can’t use a mobile phone,” the officer said.
Mr Khoury responded by turning off the car and pleading his case by arguing the car wasn’t in operation.
The officer however, did not back down.
“The phone is in your hand and the car is running,” he was heard saying.
“But I parked,” Mr Khoury responded, asking: “Is that an offence?”
“Yes, you can’t use the mobile phone while operating a vehicle,” the officer reiterated.
“The car was still running, you took your foot off the brake and the car still moved forward.”
Mr Khoury continued to disagree, claiming: “I wasn’t operating it bro, the car was in park”.
“You can take the phone out to use your driver’s licence when directed by police, but you can’t just be pulling it out and waving it out the window while the car is running and you’re operating a motor vehicle.”
While the interaction unfolded in 2022, Mr Khoury uploaded the video on TikTok earlier this week.
“I have recorded every interaction with police I’ve had while parked, thousands of them, and I’ve never been told that I can’t use my phone while I’m parked,” he told viewers.
The post has attracted mass attention online, with many different opinions being shared about whether Mr Khoury was in the wrong or not.
“Y’all know it’s still illegal, y’all know nothing about laws,” one responded.
While another recommended he get a second opinion by “asking for a supervisor”.
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The NSW government website states that drivers are permitted to handle and use their mobile device “to access your Digital Driver Licence after a police officer has asked you to do so”.
“It’s illegal to touch your phone before a police officer instructs you to do so,” the site reads.
Elsewhere however, it is also stated that, “all drivers, including learner, P1, and P2 drivers, can use a mobile phone for any function when parked out of the line of traffic. The ignition does not need to be off.”
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