An Australian driver has had an AI-generated traffic fine overturned by using a mobile phone mount.
The driver was stung with a $410 fine from an AI-powered mobile hone camera on the Pacific Highway near Byron Bay, and supplied with photos of the alleged breach.
But they were able to prove that the phone was in a steering wheel mounted cradle, and that they were not touching the phone at the time of the offence.
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The driver’s lawyer, Avinash Singh of Astor Legal, said the government’s own photo proved the driver was not touching the phone.
“The Judge accepted our arguments that the prosecution could not prove beyond reasonable doubt that the defendant was touching the phone, and even if he was, it was in a mount,” Singh said.
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“As such, the defendant was found not guilty, and the case was dismissed.”
Thousands of New South Wales drivers have been wrongly accused of road offences, triggered by AI detection cameras.
In 2024, Transport for NSW and Revenue NSW were forced to scrap 8,569 mobile phone fines after the technology incorrectly flagged drivers, roughly 5.5 per cent of all mobile phone fines issued across the state.
When seatbelt detection cameras were switched on in July 2024, within the year, a staggering 15 per cent of 85,328 seatbelt offences detected by the AI were found to be inaccurate.
According to a Transport for NSW Spokesperson, “mobile phone and seatbelt detection cameras – both fixed and transportable – use artificial intelligence (AI).”
“These camera systems use a number of cameras and an infrared flash to capture clear images of passing vehicles in all traffic and weather conditions.
“AI software checks the images to identify possible offences. Images that do not show an offence are automatically removed and permanently deleted, usually within an hour. Images that may show an offence are then reviewed by trained staff before any further action is taken.”
NSW is not the only state to have problems with its AI-powered detection cameras.
The recent overturned fine follows news that drivers in Western Australia have had more than $1 million in fines from AI-powered cameras overturned.
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In this week’s case, the driver’s choice of phone holder was an unconventional steering wheel-mounted unit that should only be used on older cars without an airbag, as the phone could become a dangerous projectile during a crash.
NSW laws state that fully licenced drivers can only use a phone to make or receive voice calls, play audio, or as a driver’s aid for example maps, navigation apps or dispatch systems.
It must be in a phone holder that is “commercially manufactured and fixed to your vehicle and must not obscure your vision”.
Learner and Provisionary drivers in NSW are not allowed to use a phone for any purpose while driving, even if the phone is in a cradle or connected via Bluetooth.
