A Sydney motorist has warned other drivers about a little-known law that could cost them five demerit points and $544 after police confronted him for using his phone while parked.
Police stopped Fred Khoury for failing to indicate a direction of turn when changing lanes, before tapping his phone while sitting in his car on the side of the road.
He posted a video on TikTok of the incident that occurred in May 2022 and shows the officer speaking to Khoury through the driver’s side window of his vehicle.
“You’re in a motor vehicle. You can’t use your cell phone,” the officer told him.
Khoury responded to the officer by claiming the car was “not running” as he turned off the engine.
The officer explained again: “The phone was in your hand and the car was running. You cannot use the mobile phone while the car is running.”
Khoury argued with the officer because his car was parked and asked if it was a crime to use a phone while in a parked vehicle.
“Yes, you cannot use a cell phone while driving a vehicle,” the officer said.
Sydney man Fred Khoury filmed his interaction with police after he was stopped for failing to indicate the direction of the turn when changing lanes. He was informed that it was illegal for him to use his mobile phone even though his car was parked.
‘The car kept going, you took your foot off the brake and the car kept going.
‘You can pull out your phone to use your driver’s license when directed to do so by law enforcement, but you can’t just pull it out and wave it in front of the window while the car is in motion and you’re operating a motor vehicle.’
Khoury insisted: ‘I wasn’t driving it, bro, the car was parked.’
But the officer said “the car was still running.”
Khoury, who admitted he was released from jail on Monday after serving three years behind bars, told Daily Mail Australia the police officer was “abusing his power”.
“I’m just trying to improve my life and they keep trying to bring me down and I’m not committing any crime so why do they have to keep harassing me?” she said.
He said he was being ‘hassled’ for an obvious reason: ‘The cops want to blame me for whatever they can.’
“There should be better reasons to punish someone than that,” he said.
‘I have recorded every interaction I’ve had with police while parked, thousands of them, and I have never been told that I can’t use my phone while parked.
“I wasn’t doing anything wrong.”
The New South Wales government website says under “mobile phones and driving” that it is illegal to hold and use a mobile phone while stopped at traffic lights or stuck in traffic.
It is also illegal for a motorist to touch his or her phone unless ordered to do so by a police officer.
A motorist is permitted to use his or her mobile phone to access his or her digital driver’s license when requested by a police officer.
If a driver needs to use their phone for other functions (other than their driver’s license or navigation), including texting, emailing and social media, they “must park outside the traffic area.”
Police told the recently released inmate that his car had to be turned off before they could touch his phone.
Illegal use of a cell phone while operating a motor vehicle carries a fine of $410 (or $544 if caught in a school zone) and could result in a five-point demerit penalty.
Social media users criticised Khoury for his behaviour, saying he should know the traffic rules.
“You all know it’s still illegal. You know nothing about the law,” one person commented.
“I also got a ticket for this and went to court and lost. Apparently the car needs to be turned off too,” a second person wrote.
“If the car is on, you can only use your phone if the cop gives you permission. Sorry, mate, those are the rules,” chimed in a third.