NSW driver wins surprise $410 fine for traffic photo showing him holding ‘something’ behind the wheel

A driver has successfully quashed a $410 fine and 10 penalty points after questioning mobile phone camera footage.

The man, who has not been named, was driving from Mittagong to Sydney along the Hume Highway in NSW when a roadside camera captured him holding something in his hand on April 28.

After receiving a fine, he appealed to Revenue NSW, claiming he was unsure what item was involved.

“I got that fine and I told them it might not be my phone, it looks like an empty case,” he said Yahoo News.

‘It could be my keys, my work calendar, my battery, or my empty phone case.’

He asked, “If I’m not sure, how can I be?”

The driver claimed that the fine had been withdrawn.

Revenue NSW said it would not comment on individual cases.

The unnamed man was driving from Mittagong to Sydney along the Hume Highway in NSW when a roadside camera captured him holding something in his hand on April 28 (photo)

After receiving a fine, he lodged an appeal with Revenue NSW, arguing he was unsure what the item was (pictured)

The driver said he was “never worried” about losing the business.

“I would take that to court and still want to know why I can wear a watch that allows me to make calls and text, but why a phone that is easier to see can revoke your license if you touch it,” he added.

According to data collected by Finder, there were 191 fatalities in NSW between 2012 and 2019 involving a driver or cyclist holding a mobile phone.

According to data from the New South Wales state government, an average of 15,000 fines are issued each month under the CCTV program, generating more than $6 million in revenue each month.

Mobile phone detection cameras are being used across Australia.

Queensland, Victoria and New South Wales have recently improved the capabilities of the cameras to also detect people who are not wearing a seatbelt.

The ACT plans to expand the equipment further in the coming years to enable it to read number plates and automatically check whether cars are registered and insured.