Mobile phone use while driving???

Submitted: Wednesday, Sep 06, 2006 at 12:07
ThreadID: 37481 Views:3892 Replies:8 FollowUps:39
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Hi, In NSW (and other states I think) it is illegal to use a mobile phone while driving, however it is OK to use a 2-way radio (UHF, HF etc).

But what if I use my HF to make a telephone call??? Would this be legal or am I up for a fine if caught??
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Reply By: Mike Harding - Wednesday, Sep 06, 2006 at 12:24

Wednesday, Sep 06, 2006 at 12:24
Victorian Road Rule #300 specifically makes it legal to use a two way radio in Vic.
AnswerID: 193133

Follow Up By: Truckster (Vic) - Wednesday, Sep 06, 2006 at 12:27

Wednesday, Sep 06, 2006 at 12:27
300a subparagraph g line 2 probably changes that, but nobody is allowed to know.
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Follow Up By: Member - Cruiser (NSW) - Wednesday, Sep 06, 2006 at 12:27

Wednesday, Sep 06, 2006 at 12:27
So in that case, all emergency services, especially the police are breaking the law.

Wonder how that would hold up in a court of law.
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Follow Up By: Tim@Stratford - Wednesday, Sep 06, 2006 at 13:27

Wednesday, Sep 06, 2006 at 13:27
Cruiser,

305 of the Road Rules is the exemption for police and emergency workers from these Road Rules.

-Still no exemption from the Road Safety Act - Drink driving and serious offences.

Tim.
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Follow Up By: Member No 1- Wednesday, Sep 06, 2006 at 18:04

Wednesday, Sep 06, 2006 at 18:04
yep ..police and safety are exempt

however i do belive two way is aloowed in SA.....cos you dont have the phine to your ear...same as hands free kits for phones

but you could still get caught for driving with undue care if something happened..like lane straddling or even something worse
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Follow Up By: Member No 1- Wednesday, Sep 06, 2006 at 18:08

Wednesday, Sep 06, 2006 at 18:08
geezus...wish i didnt have any thumbs

thtas bloomin terrible...ooops there's that thumb again
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Reply By: robak (QLD) - Wednesday, Sep 06, 2006 at 12:50

Wednesday, Sep 06, 2006 at 12:50
It is not illegal to make a call. It is illegal to use a "mobile phone". The HF is not a mobile phone.

300
Use of hand-held mobile phones
(1) The driver of a vehicle (except an emergency vehicle or police
vehicle) must not use a hand-held mobile phone while the
vehicle is moving, or is stationary but not parked.
Maximum penalty—20 penalty units.
(2) In this section—
mobile phone does not include a CB radio or any other
two-way radio.
AnswerID: 193140

Follow Up By: Tim - Wednesday, Sep 06, 2006 at 23:01

Wednesday, Sep 06, 2006 at 23:01
Same as NSW.
"USE" is described as using any functio on a mobile phone ie camera holding it inyour hand to text or talk, listening to MP3's etc.
Tim
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Follow Up By: Member - Mike DID - Wednesday, Sep 06, 2006 at 23:08

Wednesday, Sep 06, 2006 at 23:08
So it's legal to use a handheld MP3 player - but illegal to use the MP3 function on a phone ??????
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Follow Up By: Bonz (Vic) - Thursday, Sep 07, 2006 at 17:55

Thursday, Sep 07, 2006 at 17:55
of course Mike...you cant have MP3 secs!
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Reply By: Alan H - Wednesday, Sep 06, 2006 at 13:14

Wednesday, Sep 06, 2006 at 13:14
It's illegal here in WA but when seeing the amount of drivers that still do it, you wouldn't think so.
Because of the low standard of policing over here you can do anything you like on the road, just don't do a couple of kays over the limit while doing it as that will attract their attention and you'll get a ticket.
"Speed kills" they say, but stupidity doesn't so they ignore it!
Alan H.
AnswerID: 193143

Follow Up By: Marn - Wednesday, Sep 06, 2006 at 16:59

Wednesday, Sep 06, 2006 at 16:59
"Speed doesent kill, its the sudden stop at the end" :)
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Reply By: Member - Mike DID - Wednesday, Sep 06, 2006 at 13:30

Wednesday, Sep 06, 2006 at 13:30
Eat a banana, look at a map, punch in a reply on a taxis data terminal while driving and they won't do a thing.

Talk on your phone while the vehicle is totally stopped and you'll cop several points and $230.

And they wonder why people lose respect for the law !
AnswerID: 193145

Follow Up By: V8Diesel - Wednesday, Sep 06, 2006 at 14:04

Wednesday, Sep 06, 2006 at 14:04
lose?????
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Follow Up By: Truckster (Vic) - Wednesday, Sep 06, 2006 at 16:21

Wednesday, Sep 06, 2006 at 16:21
x2... what you mean lose?
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Follow Up By: Member No 1- Wednesday, Sep 06, 2006 at 18:06

Wednesday, Sep 06, 2006 at 18:06
u still alowed on this site truckie...hehehe
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Follow Up By: Jimbo - Thursday, Sep 07, 2006 at 18:18

Thursday, Sep 07, 2006 at 18:18
lose, as in no longer have or come to be without.

Mike was saying (using other words, not that here was anything wrong with what he said); any wonder people no longer have respect for the law.

Buggered if I can understand the confusion, seemed like perfect, simple English.
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Follow Up By: V8Diesel - Thursday, Sep 07, 2006 at 19:11

Thursday, Sep 07, 2006 at 19:11
'Lose' implies that something was there to be 'lost' in the first place.
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Follow Up By: Jimbo - Thursday, Sep 07, 2006 at 21:53

Thursday, Sep 07, 2006 at 21:53
OK V8, now I get it.

Cheers,

Jim.
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Reply By: Member - Beatit (QLD) - Wednesday, Sep 06, 2006 at 14:51

Wednesday, Sep 06, 2006 at 14:51
In the Sunshine state it is also illegal and they are talking about doing the same for food and drink which they say is equally distracting slightly less than adjusting a radio or inserting a CD. I guess the way this heading we won't be able to do anything but drive - it's got me beat how they think they might police this.

Kind regards
AnswerID: 193157

Follow Up By: Member - Mike DID - Wednesday, Sep 06, 2006 at 16:12

Wednesday, Sep 06, 2006 at 16:12
"it's got me beat how they think they might police this."

- the way they do now. If the police reckons you're holding something illegal, you'll have to prove otherwise.
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Follow Up By: robak (QLD) - Wednesday, Sep 06, 2006 at 16:22

Wednesday, Sep 06, 2006 at 16:22
Macdonalds will never let it happen. They would loose millions.
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Follow Up By: Off-track - Thursday, Sep 07, 2006 at 12:41

Thursday, Sep 07, 2006 at 12:41
...Or even lose millions.

They can do it now anyway under current laws - Inattention or undue care or something. Have had a couple of mates pulled over several years ago for eating while driving (one had 2 hands wrapped around a burger while doing the Hume at 110). I think the introduction of the new law is more so the public can see that it is illegal.
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Follow Up By: robak (QLD) - Friday, Sep 08, 2006 at 09:35

Friday, Sep 08, 2006 at 09:35
Thanks for the correction Off-track.
Lose millions.

R.
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Reply By: Footloose - Wednesday, Sep 06, 2006 at 15:45

Wednesday, Sep 06, 2006 at 15:45
I read somewhere recently that the most dangerous distraction in a vehicle is a passenger.
Should we ban passengers ?
What about normal radios, and anything else that takes our mind off the road ? It can all be a bit over the top in my book.

AnswerID: 193159

Follow Up By: Pajman Pete (SA) - Wednesday, Sep 06, 2006 at 19:17

Wednesday, Sep 06, 2006 at 19:17
You mean I will need a designated driver after a lousy day at work?
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Follow Up By: Richard & Leonie - Wednesday, Sep 06, 2006 at 21:53

Wednesday, Sep 06, 2006 at 21:53
I can believe that. Have you noticed how some drivers cannot talk to a passenger without looking at them? Radios/CDplayer/Tape decks on 100 series Cruisers are dangerous or is it me. I have to look at the buttons to figure out which one I should be pressing.
Wasn't there a song written about all this ----- "keep hands on he wheel, keep your eyes on the road, -----" or something like that.
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Follow Up By: Footloose - Wednesday, Sep 06, 2006 at 22:23

Wednesday, Sep 06, 2006 at 22:23
There sure was. But my name was never Fred, I was always the one in the front seat :((
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Follow Up By: Waynepd (NSW) - Thursday, Sep 07, 2006 at 11:10

Thursday, Sep 07, 2006 at 11:10
Gawd i'm old i remember that song.
Saw it on Brian Henderson's Bandstand ARRRGGHHHHH
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Reply By: rescue134 - Wednesday, Sep 06, 2006 at 15:53

Wednesday, Sep 06, 2006 at 15:53
it's is illegal to transmit from a moving veichle in all states, emergency services are exemept from most road traffice regs, if you use a two way radio and get court you will recerve an on the spot fine,
AnswerID: 193163

Follow Up By: Mike Harding - Wednesday, Sep 06, 2006 at 15:58

Wednesday, Sep 06, 2006 at 15:58
As mentioned before:
I refer you to Victorian Road Rule #300.

It's difficult sometimes....

Mike Harding
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Follow Up By: robak (QLD) - Wednesday, Sep 06, 2006 at 16:29

Wednesday, Sep 06, 2006 at 16:29
Sorry rescue134 but that's not true. Mike is right.
Same as in QLD rule section 300 of the Transport Operations (Road Use Management—Road Rules) Regulation 1999

see page 249 on the link below
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRURR99.pdf

R.
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Follow Up By: Mad Dog - Vic - Wednesday, Sep 06, 2006 at 17:31

Wednesday, Sep 06, 2006 at 17:31
>It's difficult sometimes....

Very difficult Mike, lots of wrong info gets posted here at times, I just shrug my shoulders, you deserve a medal.
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Follow Up By: rescue134 - Wednesday, Sep 06, 2006 at 18:01

Wednesday, Sep 06, 2006 at 18:01
well i stand to be created but with out looking up vic road traffice act road reg that is what i belived
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Follow Up By: Member - Mike DID - Wednesday, Sep 06, 2006 at 23:11

Wednesday, Sep 06, 2006 at 23:11
Otherwise taxi aand courier drivers would be in trouble !!!!
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Follow Up By: The Landy - Thursday, Sep 07, 2006 at 10:55

Thursday, Sep 07, 2006 at 10:55
The overrider for a lot of these anomalies is that if they can prove negligence than they'll have you in any case, especially if there is an accident and the use of the radio or equipment was a contributing factor.

It is a bit like emergency vehicles, as far as I'm aware they can run red lights in the case of an emergency all day long, but if they have an accident doing it, they'll be in the wrong......once again the overrider being a duty of care.

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Follow Up By: ro-dah-o (WA) - Thursday, Sep 07, 2006 at 12:37

Thursday, Sep 07, 2006 at 12:37
All comes down to, as The Landy mentioned- duty of care and 'reasonable actions'
If an emergency vehicle was to have an acident whilst under emergency vehicle status, then it could (and would) be questioned as to whether that person was acting reasonably in that situation. Just because they have a flashing blue or red light and an audible warning device, does not make them excepmt from the road traffic act. they are given certain excemptions.

Also, an emergency vehicle operating under emergency vehicle status, because of their nature and the circumstances, assumes responsibility for all that occurs on the road. For example, if emergency vehicle went through a green light and a car went through a red and had an accident with the emergency vehicle, the driver of the emergency vehicle would be held culpable because of their status, as they, in the eyes of the law, were not acting reasonably and fullfilling thier duty of care.
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Follow Up By: Mike Harding - Thursday, Sep 07, 2006 at 18:11

Thursday, Sep 07, 2006 at 18:11
>Also, an emergency vehicle operating under emergency vehicle status,
>because of their nature and the circumstances, assumes responsibility
>for all that occurs on the road. For example, if emergency vehicle
>went through a green light and a car went through a red and had an
>accident with the emergency vehicle, the driver of the emergency
>vehicle would be held culpable because of their status, as they, in the
>eyes of the law, were not acting reasonably and fullfilling thier duty
>of care.

I find this concept hard to understand, let alone accept - will/can you supply any supporting evidence for your assertion?

Mike Harding
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Follow Up By: ro-dah-o (WA) - Thursday, Sep 07, 2006 at 18:28

Thursday, Sep 07, 2006 at 18:28
Mike

I should/will be in the office in the morning and I will look up my training resources. This was told to me several years ago on an emergency driving course.

I shall search for information, and hopefully provide supporting evidence from the Road Traffic Act.

Cheers

Mike W
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Follow Up By: Member - Mike DID - Thursday, Sep 07, 2006 at 18:37

Thursday, Sep 07, 2006 at 18:37
NSW Rural Fire Service certainly doesn't give any advice along those lines about Emergency Response Driving.
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Follow Up By: Mike Harding - Thursday, Sep 07, 2006 at 18:50

Thursday, Sep 07, 2006 at 18:50
Thanks Mike W - 'cause if that's correct... it need changing!
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Follow Up By: ro-dah-o (WA) - Thursday, Sep 07, 2006 at 18:54

Thursday, Sep 07, 2006 at 18:54
I agree that the advice is 'strange' and hard to fathom. So far I have been unable to locate 'supporting evidence' as I stated in my reply to Mike H, that this was told to me, and could have been due to wrong interpretation on the trainers part.

I can understand, to some degree, how the act could be interpreted in this way, as it states "...in the course of his duties and when it is expedient and safe to do so.."

One could argue, that it was not safe to do so, as the driver should have been aware of the other driver and the going ons of their surroundings. It does, however seem a little unfathomable.

All I have available to me at this moment are excerpts of the RTA, but without having the full act, It his difficult to understand the full context of the previous post. I will endeavour, when at work, as I have access there to the RTA, to try to shed some light on my quoted statement. If it proves the contrary, I can see my self having a busy day on the phone, and looking somewhat the fool LOL
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Reply By: Sand Man (SA) - Thursday, Sep 07, 2006 at 02:14

Thursday, Sep 07, 2006 at 02:14
It's one of the idiosyncrasies of law makers, but I can understand why sometimes.

I have followed a vehicle for several kilometres where the driver had a phone "permanently" clamped to their ear. You could tell by the erratic driving style that she was distracted.

Hell, I have even witnessed with my own disbelieving eyes, some jerk TEXTING while they were driving. Unbelievable the stupidity of some people.

I remember a report some time back where a person was "done" in Adelaide because they touched the earpiece of a hands free kit that was physically connected to the mobile. That is interpreting the law to its fullest. The officer must have been low on booking percentages.
Bill


I'm diagonally parked in a parallel Universe!

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AnswerID: 193245

Follow Up By: Alan H - Thursday, Sep 07, 2006 at 10:02

Thursday, Sep 07, 2006 at 10:02
Not long ago a truck driver in the UK got 5 years inside for killing a bloke who was talking to the driver of a car parked beside the road in a layby.
He didn't even know he'd hit someone and carried them down the road and it was proved he was texting at the time.
The driver of the other vehicle was the dead mans mother.
Alan H

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Follow Up By: ro-dah-o (WA) - Thursday, Sep 07, 2006 at 10:36

Thursday, Sep 07, 2006 at 10:36
and the clincher....

a young italian girl (im guessing from all the italia stickers on the car) on her mobile phone, on the freeway at 100km/h talking the way Italian's do- with her hands!!! I chit myself, almost literally
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Follow Up By: Alan H - Thursday, Sep 07, 2006 at 10:48

Thursday, Sep 07, 2006 at 10:48
If that was the Kwinana, I saw a Coke rep. recently with phone stuck between his shoulder and ear with a pad on the steering wheek taking notes!!!
Must be something to do with the road.
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Follow Up By: ro-dah-o (WA) - Thursday, Sep 07, 2006 at 12:27

Thursday, Sep 07, 2006 at 12:27
"If that was the Kwinana"

the one and only. For some reason, you see some starnge things on that stretch of road.
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