A senior criminal lawyer has revealed how Aussies using Waze to warn other drivers about police or speed cameras could risk breaking the law.
The navigation app allows motorists to receive warnings about police and speed cameras, with research finding that drivers were more likely to slow down after an enforcement alert appeared.
Shantel Norus, principal solicitor at Norus Criminal Defence Lawyers, said most Australian jurisdictions did not specifically prohibit motorists from reporting police locations.
However, she said interacting with a mobile phone while driving could itself attract a fine.
'The primary legal risk arises from how motorists use the application while driving, rather than the act of sharing police locations itself,' Ms Norus told Daily Mail.
Across Australia, illegal mobile phone use while driving can attract fines of hundreds of dollars and multiple demerit points, although penalties vary between jurisdictions.
Ms Norus said a driver was unlikely to be fined simply for reporting the location of police or a speed camera, although it remained theoretically possible.
'For example, if a motorist observes a mobile speed camera or an unmarked highway patrol vehicle and reports its location through Waze, simply sharing that information with other drivers does not, in itself, constitute an offence under NSW law,' she said.
Pictured: Shantel Norus, Principal Solicitor of Norus Criminal Defence Lawyers. Credit @shantelnoruslawyer/Instagram
Norus has revealed the exceptional circumstances in which motorists could potentially be fined for tipping off other drivers about police locations and speed cameras on Waze
'While obstruction offences could theoretically apply in exceptional circumstances, merely reporting a police location would be unlikely to satisfy the elements of the offence.
'Case law requires more than merely sharing information and there must be conduct amounting to interference with police performing their duties.
'For example, if a motorist reports a speed camera on Waze and other drivers subsequently slow down, this would not ordinarily constitute hindering police as officers can continue carrying out their enforcement duties.'
Australian jurisdictions have offences covering conduct that hinders, resists or obstructs police officers carrying out their lawful duties.
Queensland, South Australia, Western Australia, Tasmania, the ACT and the Northern Territory have broadly similar provisions, although penalties vary between jurisdictions.
However, Victoria is more explicit, with official legal guidance warning that tipping off drivers about speed cameras may amount to hindering police.
According to Victoria Legal Aid, conduct that may fall under hindering police includes warning others that police are approaching and tipping off drivers about speed cameras.
In Victoria, the offence carries a maximum fine of $5,227.50 or six months’ imprisonment, although any penalty would depend on the circumstances of the case.
Last week, Queensland Police Senior Sergeant Shane Panoho issued a blunt warning to motorists using Waze alerts to evade speed enforcement
Maximum penalties include fines of almost $7,000 or six months' imprisonment in Queensland, 18 months' imprisonment and fines of about $18,000 in WA, and a fine of up to $2,500, six months' imprisonment, or both, in South Australia.
In Tasmania, offenders face a maximum penalty of about $20,000 or three years' imprisonment.
The maximum penalty in the ACT is about $32,000, two years' imprisonment, or both, while the Northern Territory carries a maximum penalty of almost $40,000, two years' imprisonment, or both.
Last week, Queensland Police Senior Sergeant Shane Panoho issued a blunt warning to motorists using Waze alerts to evade speed enforcement.
'Stop driving like a bloody muppet and actually do the right thing,' he said.
'If you don't, we will do our best to impede you and fine you and take away your driving privileges.'
