‘Beyond doubt’: Loophole slammed shut for mobile phone camera fines

A loophole that might have allowed motorists to escape a fine for using their mobile phone has been closed by the state government.

The state government has closed a loophole that could have allowed Queensland motorists to escape without a fine if they were caught using their mobile phone behind the wheel.

New regulations introduced by the government have clarified that a device does not need to have a SIM card installed to be officially classified as a mobile phone.

The move will close a loophole that could have allowed someone to claim their device was exempt from distracted-driving rules because the device could not connect to mobile networks.

The explanatory notes for the regulation said it had “now been identified” the changes were needed to “put beyond doubt” that mobile phone usage while driving was illegal regardless of the device’s functionality.

Transport Minister Mark Bailey did not say if there had been any cases or instances that prompted the move.

But he said the amendments were about ensuring the “original intent” of the government’s distracted driving laws were achieved.

“Specifically, it is illegal to use a mobile phone even if the phone function is not capable of being used or if it is being used for a function other than as a phone,” Mr Bailey said.

“For example, it is illegal to use a mobile phone which does not have a SIM card to play music or as a camera while driving.

“These behaviours are just as distracting and dangerous as using the phone functions.”

Mr Bailey said the changes to the regulation did not expand the types of devices that were captured under the distracted driving laws.

“However it remains illegal to drive without proper control of a vehicle or without due care and attention for the safety of other road users,” he warned.

“Those driving while using other devices which can distract them may face penalties under other rules.”

More than 100,000 drivers were caught using their phone behind the wheel during the first year that hi-tech cameras were rolled out on the roads to catch out motorists doing the wrong thing.

The Courier-Mail revealed earlier this month that just one driver during that 12-month period was nabbed 31 times breaking the rules – racking up a massive fine bill of over $30,000.

Mr Bailey said driver distraction was a contributing factor in about one in five serious injuries on Queensland roads.