A Sydney motorist has warned drivers of a little-known law that could cost them five penalty points and $544 after police confronted him about using his phone while parked.
Fred Khoury was pulled over by police for failing to signal while changing lanes, then touching his phone while sitting in the car on the side of the road.
He posted a video on TikTok of the incident, which took place in May 2022. The video shows the officer talking to Khoury through the driver’s side window of his vehicle.
“You’re in a motor vehicle. You’re not allowed to use your cell phone,” the officer said.
Khoury responded by hitting the officer hard and claiming the car was “not moving” as he turned off the ignition.
The officer explained again, “The phone was in your hand and the car was running. You are not allowed to use the cell phone while the car is running.”
Khoury argued to the officer that his car was parked and questioned whether it was a violation to use a phone while in a parked vehicle.
“Yes, you are not allowed to use a cell phone while operating a vehicle,” the officer said.
Sydney man Fred Khoury filmed his interaction with police after he was pulled over for failing to signal a lane change and was informed it was illegal to use his mobile phone despite his car being parked
The car was still moving, you took your foot off the brake and the car was still moving forward.
“You can take out your phone to use your driver’s license if the police tell you to, but you can’t just pull it out and wave it at the window while the car is running and you are operating a motor vehicle.”
Khoury insisted: ‘I was not driving it, the car was in park.’
But the officer said the “car was still running.”
Khoury, who admitted he was released from prison on Monday after serving three years, told Daily Mail Australia the police officer “abused his power”.
“I’m just trying to improve my life and they keep trying to bring me down. I’m not committing a crime, so why do they keep harassing me?” he said.
He said he was being “bullied” for an obvious reason: “The cops try to get me for everything.”
“There should be better reasons to punish someone than that,” he said.
‘I’ve recorded every interaction I’ve had with police while parked, thousands of them, and I’ve never been told that I can’t use my phone while parked.
“I didn’t do anything wrong.”
The New South Wales Government website states under ‘mobile phones and driving’ that it is illegal to hold and use a mobile phone while stopped at a traffic light or stuck in traffic.
It is also illegal for a motorist to touch his phone unless instructed to do so by a police officer.
A motorist may use his mobile phone to consult his digital driving licence if a police officer requests this.
If a driver needs his phone for purposes other than driving or navigation, such as texting, emailing and social media, he must ‘park outside the direction of travel’.
Police told the recently released inmate that his car had to be turned off before he could touch his phone
Illegal use of a cell phone while operating a motor vehicle can result in a $410 fine (or $544 if found in a school zone). Five demerit points may be imposed.
Social media users criticized Khoury for his attitude, claiming that he should know the traffic rules.
“You all know it’s still illegal. You don’t know anything about laws,” someone responded.
‘I also got a fine for this and went to court but lost. Apparently the car is off too,’ wrote a second person.
“When the car is on you can only make a phone call if the officer says you can. Sorry mate, that’s the rule,” said a third.
