A motorist sharing his fear of being punished after passing a road safety camera in a ‘compromising position’ has sparked debate online about the legality of a common driving act.
They questioned whether holding hands with their girlfriend, who was sitting in the passenger seat, warranted a fine.
And while authorities confirmed the possibility that it could result in a penalty, the rule concerning the behaviour is not exactly clear cut.
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“Me and my girlfriend were holding hands and there was a camera on the left side, will they fine me?” the netizen anonymously posted in a Facebook group for discussions about mobile phone detection camera locations in Australia.
Responses online were varied, with some members of the group appearing to assume the concerned motorist was concealing details of other more commonly understood offences.
“Is your girlfriend’s name Siri?” one wrote. “Was there a (mobile phone) between your hand and your girlfriends?” another wrote. “As long as she was just holding your hand,” another wrote.
But while some people mocked the question, others were closer to the mark, writing: “Holding her hand is no problem other than you may not have had effective control of the vehicle.”
“Both hands on the steering wheel is my take on it,” another said.
No specific rule exists for holding hands, police and transport authorities confirmed to 7NEWS.com.au.
However, if the hand-holding is deemed by relevant state authorities to constitute a failure to maintain proper control of a motor vehicle, that would be an offence under Australian Road Rule 297 of the Road Traffic Act 1961.
The rule is observed nationally — but not all states fine offending motorists equally.
Those who are caught red-handed could be fined between $215 and $514 depending on where they are.
Here’s how much a fine for breaking the rule will cost you across Australia:
New South Wales
“There is no specific road rule that prohibits holding hands with a passenger while driving,” Transport for NSW told 7NEWS.com.au.
“However, NSW road rule 297 states a driver must maintain proper control of a vehicle.
“The penalty for this offence carries a fine of $514 and 3 demerit points.
“If the offence is committed in a school zone, a fine of $644 and 4 demerit points applies.”
Victoria
In Victoria, the infringement penalty associated with a breach of Australian road rule 297 is $288.
Motorists could also face a maximum penalty of $962 if the matter is heard in court.
South Australia
South Australia Police confirmed the breach of Australian road rule 297 can result in an expiation fee of $215.
The offence does not result in any loss of demerit points in the state.
Western Australia
A Western Australian Police spokesperson told 7NEWS.com.au that the common driving act falls under Section 62 of the Road Traffic Act in the state.
That section for the rule regarding “careless driving” or “driving without due care and attention” states: “Every person who drives a motor vehicle without due care and attention commits an offence.”
A modified penalty for the offence comes to $300 and will also cost the motorist three demerit points “if subject to an infringement,” WA Police said.
That can escalate to a $15000 if the matter is heard in court.
Queensland
A Department of Transport and Main Roads spokesperson told 7NEWS.com.au: “There is no specific rule prohibiting a driver from holding a passenger’s hand while driving. However, a driver must always maintain proper control of their vehicle.”
“Failing to do so can result in an on-the-spot fine of $361.
“Drivers must also drive with care and attention, as there are significant penalties for more serious offending.”
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