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Driver fined for passenger’s use of Facetime

A Sydney woman’s Facebook post has gone viral, after she was fined $337 because her passenger was using Facetime whilst she was driving. In her Facebook post, the driver writes:

“Tell your passengers to stay off their phones while you are driving, I got fined because my passenger was on FaceTime.”

In May 2019, a man was fined $377 because his passenger was using a laptop in the front seat.

The relevant rule can be found in Regulation 299(1) of the Road Rules 2014 (NSW), which provides that:

(1) A driver must not drive a vehicle that has a television receiver or visual display unit in or on the vehicle operating while the vehicle is moving, or is stationary but not parked if any part of the image on the screen:

(a) is visible to the driver from the normal driving position, or

(b) is likely to distract another driver.

 This rule can cover a whole range of devices such as mobile phones, iPads or tablets, laptops, portable DVD players and more.

As drivers, it is our responsibility to ensure that any devices with screens are not being used by your passengers if they are going to be visible to you from the driver’s seat or are likely to distract another driver.

If you have received a fine and aren’t sure whether or not you should have to pay it, feel free to give our office a call on

(02) 4323 1900 to arrange an appointment with one of our Solicitors.

By Laura Burge, Solicitor at Kent Law Group

 

References

  1. ‘Stay off phones’: Woman claims she was fined over passenger’s simple mistake’ Yahoo News, 15 June 2019
  2. Reg 299(1) Road Rules 2014 (NSW)