Sydney driver says he was unfairly fined by NSW's hi-tech mobile phone detection cameras


Furious driver claims he was unfairly fined by new mobile phone detection cameras that mistook a chocolate bar for his device – and has the photo to prove it

  • Scott Phillips was sent a penalty notice for driving while using mobile phone 
  • But Mr Phillips claims he was not holding his phone when he was behind wheel
  • He said his phone was in a cradle and he was most likely eating a chocolate bar 

A driver claims he was unfairly fined by new hi-tech mobile phone detection cameras that mistook a chocolate bar for his phone. 

Scott Phillips insisted the photo that came with a $349 penalty notice and the loss of five demerit points proved he was innocent.

The image was taken as Mr Phillips was driving north on the Hume Highway in Menangle Park, on the southwestern outskirts of Sydney, on April 15.

Mr Philips, the chief investment officer for share trading website The Motley Fool, is adamant it was impossible he was using his mobile phone at the time.

He insisted the device was clearly visible in a cradle attached to his dashboard in the image he was sent. 

Scott Phillips was sent this image along with a penalty notice for using a illegally mobile phone while driving. But Mr Phillips claims his phone is clearly visible in a cradle attached the car's dashboard

Scott Phillips was sent this image along with a penalty notice for using a illegally mobile phone while driving. But Mr Phillips claims his phone is clearly visible in a cradle attached the car’s dashboard   

‘Got a letter to say I got “pinged” by an automatic camera for “holding my phone”. Except that my phone is clearly visible in its holder on the windscreen,’ Mr Phillips wrote.

‘Probably “pinged” eating chocky, if my guess is correct.’

Speaking to Ben Fordham on 2GB, Mr Phillips reiterated his argument his mobile phone was visible sitting in a cradle on the car’s dashboard. 

‘I never use my phone in my hand, I’ve always got it on the dock. There is something blurry in my left hand resting against my leg. It’s probably a chocolate bar,’ he said.

‘It’s definitely not my mobile phone because you can see it on the dash.’  

Mr Phillips responded to listeners on the radio program who suggested he may have had two phones, with one placed in the cradle as a ‘decoy’.

Mr Phillips uploaded this image to Facebook to show how he has a mobile phone cradle attached to his car's dashboard

Mr Phillips uploaded this image to Facebook to show how he has a mobile phone cradle attached to his car’s dashboard 

‘I’m not sure why I would have a prop phone on the dash and then try to use my phone while driving 110km/h on the Hume Highway.

‘If you can’t definitely see that’s a phone, how do I get five demerit points and a $349 fine for something that might be a phone, might be sunglasses, might be a chocolate.

‘It can’t be a phone. I only have one.’

Mr Phillips is fighting the infringement notice. 

NSW has collected more than $73million in fines for mobile phone offences since the portable cameras were installed in December 2019, compared to just $8million in the previous 12 months.

The world-first technology was installed around the state in 45 locations.  

Mr Phillips (pictured) told 2GB he never uses 'my phone in my hand, I've always got it on the dock'

Mr Phillips (pictured) told 2GB he never uses ‘my phone in my hand, I’ve always got it on the dock’

Last month, drivers came forward to claim hats, wallets and even hands are being mistaken for mobile phones. 

Adelaide food truck owner Zubair Ghalzai was on his way to Sydney to spend time with his critically ill father in hospital when he was caught by a camera holding a ‘phone’ in his left hand – despite the object clearly being far larger than a phone.

He claims he was actually holding his hat.

In another incident, Stephen Howie was on his way home from work when he was caught by a mobile detection camera.

The self-employed sign writer claimed the ‘phone’ in his hand was his wallet and that the photo shows his mobile in a hands-free cradle.

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