Mum fined for holding Bluey toy phone while driving by a traffic camera at Princess Highway Tempe

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Mum fined $362 for being on a mobile while driving – but she says she was only holding her child’s Bluey toy phone

  • Mum fined for holding daughter’s toy Bluey phone while driving
  • She was slapped with a $362 fine as a result of a mobile phone camera

A mother has been slapped with a fine for holding a mobile while driving – but she claims it was only her daughter’s Bluey toy phone.

The woman was caught by a traffic camera on the Princes Highway between Brodie Spark Drive and Holbeach Avenue, Tempe, in Sydney‘s inner south, at 7.29am on February 10.

Shocked by the $362 fine in the mail and the loss of five demerit points, she immediately requested the photo evidence.

When looking over the image taken by the state’s high-tech cameras she joined the dots – it wasn’t her mobile, it was her daughter’s toy.

Tara McCarthy from Transport for NSW told Daily Mail Australia it will work with Revenue NSW to review the incident.

The Bluey toy phone features characters from the popular children's television series and let's children talk to characters Bluey and Bingo

The Bluey toy phone features characters from the popular children’s television series and let’s children talk to characters Bluey and Bingo

‘These types of incidents are unusual,’ Ms McCarthy said.

‘Transport for NSW will work with Revenue NSW to review the penalty notice in question.’

Transport for NSW says any member of the public who has questions about an infringement notice can request Revenue NSW to review their case.

If Revenue NSW still determines the fine should stand, the driver can then choose to take the matter to court.

The Bluey toy phone features characters from the popular children’s television series and let’s children talk to characters Bluey and Bingo. 

The toy also allows children to play four different games based on various episodes in the show.

While it is common knowledge it is illegal to use a mobile device while driving, things such as eating or drinking behind the wheel and holding another item are grey areas.

While there are no specific road rules that prohibit holding a drink, food or a toy while behind the wheel, drivers can be fined if doing so is judged to affect their control of the vehicle or their level of concentration.

NSW Road Rule 297(1) refers to driver distraction and states, ‘a driver must not drive a vehicle unless the driver has proper control of the vehicle’.

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The fine for this offence is $464 and three demerit points.

While there are no specific road rules that prohibit holding a drink, food or a toy while behind the wheel, drivers can be fined if doing so is judged to affect their control of the vehicle or their level of concentration (stock image)

While there are no specific road rules that prohibit holding a drink, food or a toy while behind the wheel, drivers can be fined if doing so is judged to affect their control of the vehicle or their level of concentration (stock image)

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