"The driver is responsible for ensuring passengers comply."
A young driver in Queensland has been hit with a $340 fine after a passenger was caught on camera holding a phone out of the vehicle's sunroof.
Incident
Two Victorian men, James and Vinnie, had traveled to Surfers Paradise on the Gold Coast. Within just five minutes of their arrival, they were stopped by police. The passenger, Vinnie, was holding his phone out of the sunroof while the car was moving. The driver was issued the fine.
Legal Context
In Queensland, it is an offense for any part of a person's body to be outside a moving vehicle, except when using a hand signal to indicate stopping, slowing, turning, or making a U-turn. The driver is responsible for ensuring passengers comply.
Similar laws exist in other Australian states, with varying penalties:
- In New South Wales, the fine is $423 and three demerit points.
- In Victoria, an on-the-spot fine of $185 applies.
"This type of offense is not commonly enforced on its own, and many people may not be aware of the rule." — Lauren Cassimatis, Founder and Principal of Gallant Law
Lauren Cassimatis also noted that the type of vehicle involved — a 2017 Subaru VA WRX — may have contributed to police attention, though this cannot be confirmed.
Public Awareness
The individuals involved shared footage of the interaction online. A similar incident was previously reported involving a South Australian driver who narrowly avoided a fine for having her arm out the window.