Gold Coast woman fined $1,078 for driving with her phone in her bra

A female driver has appealed for help in challenging a massive fine after she was caught resting her phone in her bra while driving.

Jenni Pilz was caught by a high-tech seatbelt and phone detection camera but insisted she only did what ‘many females do’.

The Gold Coast resident was fined $1,078 and incurred four demerit points for resting the phone on her body.

Ms Pilz asked fellow motorists if there was ‘any point fighting it’ in a post shared to Phone & Seatbelt Detection Camera Locations Queensland’s Facebook group on Friday.

Jenni Pilz (pictured) was fined $1,078 and incurred 4 demerit points for carrying her phone in her bra while she was driving

Jenni Pilz (pictured) was fined $1,078 and incurred 4 demerit points for carrying her phone in her bra while she was driving

‘I’ve been fined for ‘resting my phone on my body’,’ Ms Pilz wrote.

‘Unfortunately, I did what many females do, and carried my phone in my bra lol. Parts of it have been visible and the camera caught it.

”Has anyone had this happen to them and is there any point fighting it?”

Ms Pilz explained that she had both hands on the steering wheel and that the phone was not clearly identified and looked like a wallet or ‘something else’.

The post has received over 120 comments with many encouraging Ms. Pilz to challenge the fine.

‘Fight it you’ll win hands down,’ one user commented.

Another user added: ‘So what if it’s a phone, hands are on the wheel and it’s not distracting you’re driving, just like a mobile phone built in a car.

‘I press more buttons on my touchscreen in my car than a phone. I would definitely try to fight it if clearly shows both hands on the steering wheel.’

Ms Pilz was caught by Queensland's high-tech phone and seatbelt detection cameras (pictured)

Ms Pilz was caught by Queensland’s high-tech phone and seatbelt detection cameras (pictured)

One user shared a copy of Queensland’s road rules which state that open and P2 license holders are allowed to use a mobile phone hands-free if it was in a clothing pocket or pouch.

‘I’m struggling to work out how a phone down a woman’s bra is any different than a phone in a jeans pocket (which is perfectly legal),’ one user commented.

Poll

Should this driver have her fine and demerit points reversed?

Other users were less sympathetic, suggesting Ms. Pilz find somewhere else to carry her phone.

‘When the rules are going to sink in, NO part of the body can be touching the phone at any time, You just got 1,078 reasons to put it in the glovebox,’ one user wrote.

‘Simple by yourself, a cradle, then you don’t need to worry about touching your phone and a fine,’ another user commented.

‘Sounds like she has a natural cradle,’ one user joked.

Ms Pilz replied: ‘I do! Big enough to give a home to keys, phone, smokes and other essentials.’

Illegal mobile phone use while driving includes holding a phone or having it on your body (pictured, NSW motorist caught texting while driving, with their passenger holding the steering wheel)

Illegal mobile phone use while driving includes holding a phone or having it on your body (pictured, NSW motorist caught texting while driving, with their passenger holding the steering wheel)

Open or P2 license holders are allowed to touch a mobile phone for hands-free use if their device is in a cradle attached to the car and does not obscure the driver's view (pictured, driver caught holding a phone)

Open or P2 license holders are allowed to touch a mobile phone for hands-free use if their device is in a cradle attached to the car and does not obscure the driver’s view (pictured, driver caught holding a phone)

The Queensland government website explains illegal mobile phone use while driving includes holding a phone or having it on your body even if the motorist is not using it or the device is turned off.

Learner and PI drivers under the age of 25 must not use hands-free, wireless headsets or a mobile phone’s loudspeaker function while driving, with their passengers also banned from using the loudspeaker function.

Open or P2 license holders are allowed to touch a mobile phone for hands-free use if their device is in a cradle attached to the car and does not obscure the driver’s view.

Permitted hands-free mobile phone use includes touching the device to accept a call, use a navigation app, skip a song and accept or end a trip as a rideshare driver.

Ms. Pilz is not the first driver to be caught by the state’s high-tech detection cameras.

Last week, a Queensland mum received a penalty notice after a photo from a Brisbane traffic camera showed her hands off the steering wheel and a rectangular object in her left hand.

The woman took to social media to ask whether others would challenge the fine in her situation – admitting she was actually holding her cigarette rolling machine, not a phone.

A Brisbane mum wanting to challenge a big fine for driving while holding a phone on a technicality has received little sympathy from other motorists

A Brisbane mum wanting to challenge a big fine for driving while holding a phone on a technicality has received little sympathy from other motorists

‘Would you take this to court?’ the woman asked in a public Facebook group about traffic camera locations.

‘The fine says holding a mobile or testing on the body. However it’s not actually a phone. I’m taking my smoke out of the rolling machine. You can clearly see it’s not a phone.’

While some Facebook users said challenging the fine was ‘worth a go’, most did not agree.

‘Your hands are off the wheel,’ one person wrote. ‘You deserve every dollar of this fine.’

‘To tell a judge it’s a rolling machine not a phone ain’t gonna help your case. A judge may not see it as innocent. You still rolling a smoke being distracted while driving.’ another user wrote.

Driving and mobile phone laws in Queensland

Illegal mobile phone use while driving includes:

Holding it in your hand and resting on any part of your body (eg. your lap or shoulder)

If you hold your phone or have it on your body, you will be fined even if you’re not operating the phone, or it’s turned off.

Additional mobile phone restrictions:

Learner and P1 drivers under 25 must not use hands-free, wireless headsets or a mobile phone’s loudspeaker function. If your phone is in a pocket of your clothing or a pouch you’re wearing, you must not use it in any way. This includes touching it, looking at it or operating it with your voice.

Passengers of learner and P1 provisional drivers are also banned from using a mobile phone’s loudspeaker function.

Using your mobile phone safely:

While you can’t hold a phone when driving, you can hold a phone when safely stopped to:

Pay for goods and services, for example at a drive through, gain access to or from a road-related area, such as a car park, present a digital driver license or other document to the police when asked and get a card or money out of a phone wallet for the previously listed purposes.

You can also use your phone when safely parked. Parked means stopped with the intention of staying at that place.

If you’re an open or P2 license holder, you are also allowed to touch your mobile phone for hands-free use if, for example, the phone is in a cradle attached to the vehicle. Hands-free use can include:

Accepting a call, using navigation apps, skipping a song and accepting/ending a trip as a rideshare driver.

The position of your mobile phone must not obscure the driver’s view of the road.

Open and P2 license holders can also use a phone hands-free if it’s in a pocket of your clothing or a pouch you’re wearing. However, you must not touch or look at the phone. It can only be operated using your voice.

Source: Queensland Government

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