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HomeLegal InsightHow phones can still land drivers in strife
18 August 2019

How phones can still land drivers in strife

HomeLegal InsightHow phones can still land drivers in strife
18 August 2019

Buckle-up drivers , it looks like we could be in for a bumpy ride when it comes to the rigid enforcement of NSW Road Rules.
In the past month, two high-profile incidents on our roads have created the impression that highway patrol officers are cracking down severely on distracted drivers.
And before you jump to any conclusions, neither incident involves the driver using their mobile phone while at the wheel.
The first involved Sydneysider Sheree Panetta, who was fined $337 and docked three demerit points for the offence: “Drive Vehicle with TV/VDU image likely to distract”.
Most would’ve understood the punishment had Ms Panetta been using her phone at the time. But she wasn’t. Instead, it was a passenger ‘Facetiming’ on her phone who was responsible. Despite the outcry on social media after Ms Panetta posted her infringement notice online, the police were justified in issuing the fine because, to the letter of the law, current regulations prevent any images appearing on screens inside the vehicle that are visible to the driver, and can therefore pose a distraction.
The second incident did not result in the driver being fined, but would send chills down the spine of any caffeine-fuelled commuter. According to The Newcastle Herald, a female motorist was pulled over and lectured by a police officer after he spotted her sipping a coffee at the wheel. The report claimed the woman was threatened with a $495 fine and loss of three demerit points.
As with the case of Ms Panetta, the police officer would’ve been justified in issuing a fine . . . provided he believed the woman’s sipping was causing her to drive negligently.
Distracted driving is becoming the modern-day equivalent of drink-driving – and police are clearly looking to nip this dangerous habit in the bud. If you’re a motorist, it pays now more than ever to be familiar with the current laws around anything that could take your eyes off the road.

Tonkin Drysdale Partners
Central Coast Lawyers for Over 60 Years
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