This case study aims to ensure you are aware of the mobile phone/driving rules, compliant and help keep everyone safe on the roads. Let’s face it, driving is one of the most dangerous things we do and we do it frequently.
I see it every single day…. People driving while texting or holding their phone. They swerve, move into other lanes, they look down when the road is ahead. It’s just as frustrating as when I see people applying mascara while waiting at the traffic lights. So many of us are guilty of looking at and playing with our phones while driving. I received a warning a month ago after being detected on Port Road, Hindmarsh. Luckily, I was notified during the grace period. I felt rather foolish as I was looking at Google Maps to find the dentist and was about 10 minutes late. Life is fast and distractions are everywhere.
The grace period is over and the stats are shocking.
The Statistics:
Over the past five years, distraction has played a significant part in causing crashes that resulted in 1,285 serious injuries and 198 lives lost in South Australia. Between 1 January 2018 and 31 December 2022, 33,982 expiations were issued by SA Police members to drivers/riders for using a mobile phone whilst driving.
Adelaide’s newly installed mobile phone detection cameras have captured a staggering 2544 drivers using their phones behind the wheel in just their first week of operation, leading to $1.67 million in fines. The following week yielded a further $1.7 million in fines.
Three repeat offenders have already been caught so many times that they’ve been stripped of their licences.
Mobile Phone Detection Technology
Automated Detection
The South Australian government has invested millions in mobile phone detection cameras (MPDCs). The cameras are strategically placed across Adelaide and can be found in the following areas:
- Southern Expressway, Darlington
- South Road, Torrensville
- North South Motorway, Regency Park
- Port Road, Hindmarsh
- Port Wakefield Road, Gepps Cross.
The cameras capture high-quality images of drivers frequently using mobile phones.
Rules Governing Mobile Phone Use While Driving
What’s Legal and What’s Not
Under rule 300 of the Australian Road Rules, using a mobile phone while driving is an offence unless the vehicle is parked. Actions that constitute an offence include:
- Holding a Phone: Even if you are not on a call.
- Texting or Entering Information: Including messaging or browsing.
- Viewing or Sending Content: Any interaction with content on the phone.
- Operating Phone Functions: Unless the phone is mounted in a proper holder.
Starting from 19 June 2024, additional exceptions allow using a mobile phone in a stationary vehicle for activities like paying for goods or showing electronic coupons. However, learner and provisional (P1) drivers have stricter regulations, prohibiting the use of any mobile phone technology, including hands-free modes, while driving.
Consequences of Non-Compliance
What Happens If You Get Caught?
Non-compliance can lead to crushing penalties:
- Monetary Fines: A significant fine of $540 plus a $99 victims of crime levy.
- Demerit Points: Three points added to your driving record.
- Licence Risk: Repeat offenders may face losing their licences, as evidenced by three repeat offenders within the first week of camera operation.
The Bigger Picture
Beyond the immediate penalties:
- Increased Safety Risks: Non-compliance increases the chances of causing or being involved in accidents.
- Serious Charges: Severe cases can lead to charges such as negligent driving or cause death by dangerous driving, if an accident occurs.
How to Avoid Fines and Penalties
We understand life is busy, and staying compliant with road rules can sometimes be challenging. Here’s how you can drive safely and avoid fines:
- Use Hands-Free Devices: Connect your phone via Bluetooth or use a suitable cradle to keep your hands on the wheel.
- Disable Notifications: Activate ‘Do Not Disturb’ mode while driving to avoid distractions.
- Plan Ahead: Enter the necessary information into GPS before starting your journey.
- Stay Updated: Regularly check for updates on laws and regulations to ensure compliance.
Handling Disputes
We understand that sometimes fines can be issued unfairly. If you believe you have been wrongly fined, consider the following steps for disputing the fine:
- Incorrect Detection: Challenge the accuracy of the detection equipment.
- Improper Notice: If there were no proper warning signs about detection cameras.
- Emergency Situations: Prove that a valid emergency necessitated the phone use.
Practical Steps
- Timely Response: Address fine notifications promptly.
- Legal Advice: Consult or hire a lawyer to navigate the dispute process effectively.
- Evidence Collection: Gather phone records, GPS data, or witness statements.
- Documentation: Keep all correspondence and notices organised.
Understanding the comprehensive rules, detection methods, and consequences of mobile phone use while driving helps everyone. Staying compliant ensures your safety and that of others, helping to avoid accidents and hefty fines. If a legal dispute arises, taking informed and timely action can lead to favourable outcomes.
We are here to provide legal help!
Driving can be stressful enough without the added worry of potential fines or loss of your drivers licence. If you have questions or need legal assistance regarding mobile phone detection and penalties, contact Adelaide Legal Solutions today for a one hour consult today! We are here to help you navigate the complexities of the law, ensure compliance, and protect your rights.
- Email: info@alslaw.com.au
Take control of your driving habits today. Drive responsibly and stay informed. Your safety and peace of mind are our top priorities.