A TRUCK driver who drove too close to a cyclist has escaped a fine in a court decision that exposed flaws in controversial new motoring laws.

Warwick Fribance was convicted but spared a $341 penalty when his defence successfully argued he was “caught out by technicalities of law’’.

The 67-year-old was reported to police by an irate cyclist who filmed the defendant’s truck passing him on a two-lane Sunshine Coast hinterland road at 7.55am on July 4 this year.

The video evidence showed no contact between the parties and the heavy vehicle to be narrowly in breach of the 1.5m gap limit, introduced in April.

Defence solicitor Michael Robinson said it also revealed the truck was travelling up a hill against double white lines.

He said that to be lawful, Mr Fribance would have had to cross the lines and that would have put him at risk of a collision with oncoming traffic.

“The truck missed him by a fair bit, but it was not (outside) 1.5m,’’ Mr Robinson said.

“He has been caught out by technicalities of law.’’

Maroochydore Magistrate Annette Hennessy agreed and ordered the defendant be “convicted but not further punished’’.

Outside court, Mr Fribance said the law was ridiculous.

He said he had been the victim of a cyclist with “a camera on his helmet and a big chip on his shoulder’’.

“I would have had to drive over double white lines to be within the law. Technically I’m guilty but it’s wrong,’’ he said.

“At least I don’t have to pay the $341 fine (given by police), only a $107.10 offender’s levy.’’

Mr Fribance, who retired from driving trucks after the incident, vented his anger at cyclists.

“It’s a war out there. It’s us against them,’’ he said.

“I hate the thought of him (the complainant) sitting there sipping his latte and laughing at me.”

The laws state motorists must leave a minimum gap of one metre when passing cyclists in a 60km/h or lower speed zone and at least 1.5m where the speed limit is more than 60km/h.

Drivers are permitted to cross the centre line, when safe, to overtake cyclists.

Police sources earlier this year slammed the changes, labelling them “impractical”.

If matters reach court, and a motorist is found guilty, they can be hit with a maximum penalty of $4400.

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