3 ways your passenger can get you fined
Your seatbelt is on, both hands are on the wheel, and your phone is out of sight. Unfortunately, you can be a perfectly law-abiding driver and still be fined, and it’s all thanks to who you have in your vehicle.
Did you know the person behind the wheel isn’t solely responsible for keeping everyone safe? Passengers also play a part.
In fact, their actions can get you in trouble even when you follow the road rules to a tee. Here are three ways your passengers can land you a fine, and even demerit points.
1. When your passenger shows you something on their mobile phone
By now you should know it’s against the law to use your mobile phone while driving but what if your passenger gives you a quick peek of theirs?
Before taking a squiz of the soccer highlights on Phil’s phone, stop and save it for when you’ve parked the car safely.
In South Australia, a driver can be fined for looking at a passenger’s phone if the screen, or another device, is visible from the driver’s seat when you’re driving or even stopped at the lights. This rule doesn’t apply when the car is parked by the side of the road with the parking brake on and the vehicle is in neutral or park.
According to RAA Senior Manager of Safety and Infrastructure Charles Mountain, the driver technically doesn’t have to physically hold the phone to get in trouble.
“It doesn’t matter who is holding the phone,” Charles says.
“If the screen is visible and the driver looks at it then the driver is in breach of the road rules.”
Tempting as it is to replay Lionel Messi’s magic on screen, save it for later.
“If you’re driving, don’t let a passenger tempt you to look at anything on their phone or device unless you have parked the vehicle first,” Charles says.
Penalty: Keep your eyes off all mobile phones (whether it’s yours or not) to avoid a $133 fine and $108 Victims of Crime Levy.
2. When your passenger doesn’t buckle up
Your mate Bill’s a great bloke until he sits alongside you in your car without a seatbelt on.
In this scenario, the driver (you) and passenger (Bill) can face consequences on roads in South Australia.
Charles says while both driver and passenger are responsible for wearing their seatbelt, it’s ultimately up to the driver to ensure everyone is buckled up before hitting the road.
“If your passenger removes their seatbelt while the vehicle is moving, try to pull over safely and make sure they buckle up before driving again,” he says.
Penalty: The driver can be fined $463 and incur three demerit points if a passenger isn’t wearing a seatbelt. If the passenger who isn’t wearing a seatbelt is 16 years and older and has a driver’s licence, they can also receive the same penalty. Bigger consequences apply if more than one passenger isn’t wearing a seatbelt. In this case, the driver will still be fined $547 but accumulate five demerit points. Our message for Bill is simple: buckle up, buttercup.
3. When your passenger has a hand (or other body part) out the window
It’s always great when your passenger Paula is there to lend a hand with directions but not so much when that hand is out the window.
The Australian Road Rules state both drivers and passengers must not travel with any part of their body outside a vehicle’s window or door. Think hand, arm, leg, head or any other body part.
Penalty: Driving when a passenger has a body part outside the window or door will land you, the driver, a $236 fine and three demerit points. The passenger can also face the same penalty if they have a driver’s licence.
Ah, there’s nothing quite like the wind through your hair… until someone (the driver) gets in trouble.