Saturday, Feb 23, 2008 at 11:02
The driver of a vehicle must have total control of vehicle at all times. To do otherwise may cause driver to be charged with Driving without Due Care and/or Attention.
The following, whilst a bit lengthy, is from Australian Road Rules
Link and may help to clarify position in relation to specific concerns as raised in this thread. In particular refer to Section 300 (2):
297 Driver to have proper control of a vehicle etc
(1) A driver must not drive a vehicle unless the driver has proper
control of the vehicle.
299 Television receivers and visual display units in motor
vehicles
(1) A driver must not drive a motor vehicle that has a television
receiver or visual display unit in or on the vehicle operating
while the vehicle is moving, or is stationary but not parked, if
any part of the image on the screen:
(a) is visible to the driver from the normal driving position; or
(b) is likely to distract another driver.
Offence provision.
Note Motor vehicle and park are defined in the dictionary, and vehicle is
defined in rule 15.
(2) This rule does not apply to the driver if:
(a) the driver is driving a bus and the visual display unit is, or
displays, a destination sign or other bus sign; or
(b) the visual display unit is, or is part of, a driver’s aid; or
(c) the driver or vehicle is exempt from this rule under
another law of this jurisdiction.
Examples of driver’s aids
1 Closed-circuit television security cameras.
2 Dispatch systems.
3 Navigational or intelligent highway and vehicle system equipment.
4 Rearview screens.
5 Ticket-issuing machines.
6 Vehicle monitoring devices.
Note Bus is defined in the dictionary.
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, unless the
driver is exempt from this rule under another law of this
jurisdiction.
Offence provision.
Note Emergency vehicle, park and police vehicle are defined in the
dictionary.
(2) In this rule:
mobile phone does not include a CB radio or any other
two-way radio.
Having ingested all of the above, remember that a driver can be charged with Driving without Dure Care and/or Attention at almost any time (as it is not a difficult charge to prove) and it could include the use of a CB Radio - if manner of driving was attributed thus.
If the claim that a or any driver was charged with using CB Radio in NSW (is correct) it might well have been because of manner of driving attributed to using said radio etc. Thus the offence would not have been for using the CB Radio - it was possibly for manner of driving resulting from same.
AnswerID:
288964
Follow Up By: Ralph2 - Saturday, Feb 23, 2008 at 16:56
Saturday, Feb 23, 2008 at 16:56
I think we would all agree that dialling a ph # or texing while moving takes more effort and lose of attention from the road then using a CB radio hand piece.
FollowupID:
554313
Follow Up By: Member - Mike DID - Sunday, Feb 24, 2008 at 20:33
Sunday, Feb 24, 2008 at 20:33
"I think we would all agree that dialling a ph # or texing while moving takes more effort and lose of attention from the road then using a CB radio hand piece. "
- ????? Are you suggesting that logic comes into deciding what driving behaviour will attract a fine ?
FollowupID:
554501