‘It’s banana bread!’: Motorists caught with mobile phones bowl up the excuses

The banana bread and Kit Kat defence are among the bizarre excuses NSW drivers are using to fight mobile phone camera fines in the courts.

One of the bizarre excuses a motorist used to fight a mobile phone fine in court was it was not a phone, it was banana bread. Verdict: $300 fine

Exclusive: Thousands of motorists caught on camera using a mobile phone are turning up to court to try to convince magistrates the item pictured in their hand is actually “a chocolate wafer”, “a calculator” or “banana bread”.

While some drivers managed to convince the courts the camera got it wrong, most magistrates are throwing out the excuses, with three out of four motorists having to pay their fines.

Mobile phone cameras have been in operation in NSW for almost five years with about one in every 957 drivers caught breaking the law.

Of those, almost 2500 drivers challenged their fine in the Local or District Courts last year, with another 879 contesting their infringement so far this year.

Some of the excuses offered up in court included that the item was “a receipt tin” and not a phone. The court found in favour of the department, issuing the driver a $500 fine.

Another driver who contested the fine claimed the item was an “electric shaver”. The driver was found guilty, but no conviction was recorded.

There was also the “Kit Kat defence” where a driver claimed the depicted item on the mobile phone camera image was a chocolate bar and not a phone. The driver was not only fined $400, but had to pay $600 in costs to the department.

Another driver who claimed the phone was “banana bread” was fined $300, while the court imposed a $352 fine on a driver who claimed the phone was “a wallet”.

One driver who claimed the phone was a calculator was found guilty but dismissed with no penalty, but another who tried to argue the item was a “remote control for a car stereo” copped a $400 fine after failing to appear in court to argue the case.

The court imposed a $362 fine on another driver who tried to convince the magistrate the “phone” was a “gear stick”.

Transport for NSW secretary Josh Murray said the images magistrates relied upon to make rulings on mobile phone fines were large and detailed. Picture: Justin Lloyd.

Transport for NSW secretary Josh Murray said while drivers had access to the images the mobile phone cameras had taken of them, these were often small and grainy.

Many motorists were often shocked to turn up to court to find the image the magistrate relied upon was large and detailed, with the make of the phone often able to be seen.

Mr Murray said he believed many drivers were simply “ticking the box”.

The challenges last year alone had resulted in motorists spending the equivalent of 104 weeks in court fighting mobile phone infringements.

“They’re thinking, ‘what’s to say what the picture shows’,” Mr Murray said.

“But once the pic is shown on a big TV screen next to the magistrate, it’s often very clear that it is a phone – sometimes you can even see the brand name.

“Everyone deserves their day in court but with three out of four cases being upheld, it’s clear many drivers are ticking the box.”

Mobile phone detection cameras on NSW roads have resulted in around 910,000 fines for illegal mobile phone use. Picture: RoyVPhotography

Around 614 million vehicle checks have been performed by mobile phone detection cameras since camera enforcement commenced on March 1, 2020, with around 910,000 fines for illegal mobile phone use ­issued.

At any one time, there are up to 47 fixed and transportable mobile phone detection cameras operating in NSW.

The fine for illegal mobile phone use is $423 – or $562 if detected in a school zone.

There is a five-demerit-point penalty for illegal mobile phone use and 10 demerit points during double-­demerit periods.

Revenue raised from camera-­detected mobile phone, seatbelt and speeding fines goes into a Community Road Safety Fund to pay for road safety initiatives.

Originally published as ‘It’s banana bread!’: Motorists caught with mobile phones bowl up the excuses