Desperate truck driver fined $362 for holding his cell phone turns to internet for advice after claiming photos don’t tell the full story
- Truck driver receives a telephone fine
- But denies it was his mobile phone
- “I was holding my vape,” he said
A truck driver who was stung with a $362 fine and five demerit points for holding a cell phone while on the road has asked others if he should contest the sentence after saying he held his vape.
The man was driving down a road in NSW when he was photographed by a speed camera that showed him holding a device.
He posted the image on social media to get advice on whether he could challenge the sentence, claiming his mobile phone was in his pocket and sticking out of his trousers.
“I was fined $362 and received five demerit points for using my phone while driving,” he said. “The point is, my phone was in my pocket and I was holding my vape in my hand!”
He said his big phone was in his pocket the entire time and part of the clear screen in the photo was visible in the top of his pants.
“I’m a truck driver,” he said. “My license is everything to me.”
A lorry driver posted an image (pictured) on social media seeking advice on whether to challenge his fine, claiming his mobile phone was in his pocket and sticking out of his trousers. “I held my vape in my hand!” he said
“I wasn’t holding or using my phone at all. Do you think I can ask for a review based on these pictures?’
“Go to court, you will win,” said one commenter.
“Absolutely take it for review,” wrote another. “It’s pretty obvious it’s a vape in your hand, not a phone.”
But others weren’t so sure.
“Honestly, I have no idea how you can tell, let alone prove, that that really is a phone,” said a third.
Others asked why he was so awkwardly carrying his phone.
“(It) looks more like it was quickly slid into the lower lap of your seatbelt,” they said.
“It also seems a bit weird to drive around with a phone like that digging into your hip roll.”
It is legal to carry a phone in your pocket while operating a vehicle in Australia, but it is illegal to hold it while driving.
Fines for using a cell phone while moving around in your car vary from state to state and territory.
In Queensland, you can be slapped with a whopping $1,078 fine and four demerit points, while in Victoria, a fine can be as high as $1,849 if an individual goes to court.
Fines for using a cell phone while moving around in your car vary from state to state and by territory
Those caught handling a phone in a NSW school zone will be fined $481
But if no court date has been set, the driver will be fined $555 for using a cell phone and will also receive a four-point demerit.
Tassie drivers are fined $344 and receive three demerit points.
In NSW, drivers are fined $362 and five demerits, but will receive a ten demerit if caught during holiday periods.
Those caught handling a phone in a NSW school zone will be fined $481.
In NSW, Victoria, Tasmania and Queensland, learner and provisional license holders are prohibited from using mobile phones while driving.
Smoking can be considered a distraction under NSW law, but it is not illegal as long as there is no minor in the car.
There are also no laws that specifically prohibit the use of vaping while driving.
It is legal to carry a phone in your pocket while operating a vehicle in Australia, but it is illegal to hold it while driving
In NSW, Victoria, Tasmania and Queensland, learners and provisional license holders are prohibited from using mobile phones while driving (pictured, car occupants in NSW)