NSW Traffic Law - Is Fine Worth Challenging?

[Kunal sachdeva]

I am professional driver ( taxi driver) and I was touching the phone screen while the mobile phone was on its cradle in the centre of the mirror on M4 and making the call on speaker. RBT stopped me and gave me fine ($325+4 points). When they stopped, me I got a panic attack and got the phone out of the cradle and put into the centre glove box. Is it worth going to court to challenge under Traffic Law as I will be left with 6 points after this fine?

Any help would be greatly appreciated

 

[Lance]

Hi, unfortunately whilst in the cradle the phone is not to be touched in any way. As soon as you touched the screen and you were in breach according to NSW road safety guidance.

There may be other legislation that address the use of mobile phones whilst driving but the Road Rules 2014 Reg 300 does state that a phone can be used if it is in a fitted cradle and doesn't actually say you can't touch it. The no touch is around use when not in a cradle. ROAD RULES 2014 - REG 300Use of mobile phones

Some how I think they wouldn't have fined you unless they have grounds and while the regs above may contradict another piece of legislation this may be subordinate to that. In the long run it might cost more than the fine to fight it and the result could well be the same.

 

[Victoria S]

If you still have your licence and 6 points, I would pay the fine and learn the lesson.

 

[Kunal sachdeva]

If you still have your licence and 6 points, I would pay the fine and learn the lesson.

Thanks for that, but I'm a professional driver (HC driver) and on the road 40 hours a week