A Queensland driver caught with what appears to be a mobile phone on their lap in Upper Coomera has questioned the penalty that arrived in their mailbox on Thursday.
There was no evidence that the device was turned on, but that didn’t help the driver.
On social media, the driver vented their frustration, and said they would dispute the penalty, promoting a range of responses.
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“Worth contesting?” they captioned the Facebook post.
“For sure. Both hands on the wheel, and not using the phone,” one person commented.
“Given that both hands are on the steering wheel, I’m surprised this has been picked up.”
Another said: “Unfortunately mate, while you weren’t holding it, the law is (that) ‘no part of your body to be in contact with a mobile device’.”
A Queensland Revenue Office spokesperson told 7NEWS.com.au that while it can’t comment on individual cases, the latter advice is correct.
“To keep yourself and other road users safe, your full attention is needed when driving,” the spokesperson said.
“It is illegal to hold a mobile phone in your hand or have it resting on any part of your body, such as your lap, when driving.
“This applies even if you’re stopped in traffic.”
It’s not clear how much the motorist has been fined for their alleged offence, but the average cost of a fine for this offence is $1,161 and four demerit points.
If the same offence is recorded within the same year as the first, double demerit points apply.
One social media user, shocked by the fine, said: “I never realised the phone had to be unseen. Is it OK to have the phone off on the passenger seat?”
The Queensland Revenue Office spokesperson said: “The phone does not need to be turned on or in use for it to be an offence.”