fines

That won't do you any good. Road rules apply in private car parks as well.

The carpark would be a "road-related area" as per 13 (d) of our state legislation:

=========================================

13 What is a road-related area

(1) A road-related area is any of the following—
(a) an area that divides a road;
(b) a footpath or nature strip adjacent to a road;
(c) an area that is not a road and that is open to the public
and designated for use by cyclists or animals;
(d) an area that is not a road and that is open to, or used by,
the public for parking vehicles.

=========================================

300 Use of mobile phones

(1) The driver of a vehicle (except an emergency vehicle or police
vehicle) must not use a mobile phone that the driver is holding
in the driver’s hand while the vehicle is moving, or is
stationary but not parked.

Maximum penalty—20 penalty units

=========================================

Andrew

Forgot to add this important clarification in section 300:

============================================

(2) In this section—
mobile phone does not include a CB radio or any other
two-way radio.
use, in relation to a mobile phone, includes any of the
following—
(a) holding the phone to, or near, the ear, whether or not
engaged in a phone call;
(b) writing, sending or reading a text message on the phone;
(c) turning the phone on or off;
(d) operating any other function of the phone.

============================================

Hey just for interest Signman,
bloke out at Finch Hatton was detained, charged and convicted of drink driving on his own property.

Have a good one.

But you would think that after a reasonable discussion of the facts, they would let him off. There is no excuse to book him... Michael

Ben


I agree about the car park bit. There are pedestrians incuding children in a car park. Children have no road sense (tunnel vision) and being distracted by a mobile increases the risk of a crash.

An old traffic cop told me years ago that the way he determined whether to pinch someone or not was "Could it have caused a collision?". In this case the obvious answer is yes.


Tjilpi

"In my mind being on the phone (hence "distracted") and in a carpark is more dangerous as there is more chance of kids being about"

So I'm assuming you don't talk to your passenengers whilst driving your car in a car park or anywhere else ?

While I can, 2 minutes to park and then no fine.

Have you noticed how many people, women in particular use their mobiles on and hold the phone in their hands. I suggested to a lady in traffic that she was risking a fine for using the phone, she said "this is hands free because it is not up to her ear"

Duh!!!

RTA NSW
"Mobile phones and driving
It is illegal to drive or ride a vehicle while using a hand-held mobile phone. The penalty is a significant fine and three demerit points.

This means that talking, sending or receiving text messages, playing games or taking photos are illegal when using a hand-held phone. It is also illegal to perform these activities when your vehicle is stopped but not parked, for example when you are waiting at traffic lights.


A hands-free device can reduce the physical effort to make and receive calls but it doesn't necessarily make it safe to use a phone while driving. It is illegal to use a hands-free phone while driving if it causes you to lose proper control of your vehicle. The penalty is a significant fine and demerit points.

If you must talk on a hands-free phone while driving:

Make sure it is a hands-free phone that is set up and working before you start driving.
Keep the conversation short. Don't engage in complex or emotional conversations.
Tell the person on the other end that you are driving and may have to end the call.
Never text message (SMS) while driving.
End the call if it is distracting you from driving.
Remember, if you don't have proper control of your vehicle because you are talking on a hands-free mobile phone you are guilty of an offence."
RTA NSW driving to distraction

So even using Blutooth or a wired headset in NSW, you could still be fined, it is up to Police discretion....

'Police discretion'

Oxymoron?

Absolutely....

yep

Pretty lousy, you wouldnt feed most of them, No common sense. Michael

100% correct.. Michael

Robin 100% INCORRECT as of 9 Nov 2009 in Vic...

From 9th November 2009, VicRoads is introducing some changes to Victoria’s road safety rules.
Mobile phones
Using a mobile phone while driving is prohibited, except to make or receive a phone call or to use its audio/music functions provided the phone:

* is secured in a commercially designed holder fixed to the vehicle,
or
* can be operated by the driver without touching any part of the phone.

Using a phone as a GPS while driving is prohibited unless it is secured in a commercially designed holder fixed to the vehicle.

All other functions (including video calls, texting and emailing) are prohibited.

Learner and P1 drivers, are prohibited from using a mobile phone at all while driving.

Holding the phone (whether or not engaged in a phone call) is also prohibited. Holding includes resting the mobile on the driver’s lap.

You cant touch the phone!

Take a look HERE

"P.S. Get a bluetooth hands free unit less than $100 , you can legally press the phone call/hang up buttons on it but not on the nearby phone"

Geoff I think Robin is saying press the phone call hang up button "On the Bluetooth" not on the phone which is if my reading of the new legislation is legal??

I guess this will be a perfect situation where the copper says you touched the phone and people will say no I touched the Bluetooth device, a few arguments will no doubt result.

Can someone define a "Commercially Designed Holder" please??
If I make a holder in the course of my "Commercial/professional" capacity is that Commercially Designed enough??
Or how about I see a "Commercially Designed Holder" and fabricate one the same myself, Is that "Commercially Designed" enough??
Another argumentative point me thinks??

More illogical and poorly researched legislation which is all too becoming the norm with all levels of government in their haste to raise revenue.

Spot on John I misread the comment, My apologies Robin.

And oh isnt legislation so hard to write rite

No harm done :-)

I was also thinking that you could leave the phone in your pocket of say your jacket and the jacket pocket with the phone is resting on your lap, How will they view that scenario in context to the legislation??

I'm sure the answer would be from higher up that the copper has to rely on his discretion in these matters, sadly as pointed out by both Robin and Bob further up the thread many coppers don't understand the word discretion and seem hell bent on meeting the quota regardless.

Hi John

A $10 plastic holder from supercheap that comes with a receipt is commercailly designed and acceptable.

The fact that you could make a better one , or copy one wouldn't be enough unless you could demonstrate that you had such a business.

On leaving it in your pocket , well they won't be able to tell the difference
however they could say it wasn't in the phone holder.
Already I have seen someone drag out there old phone and fit it to be visible in a holder on the dash , whilst there normal phone stays in the pocket.

Some of the kids these days learnt how to text from a phone in there pocket thanks to school phone bans , but all that is beyond me.

I'm testing a few alternatives , and the bluetooth speaker phone is looking the answer, but I think I can make the earpiece that came with the phone and which is gathering dust do the same job (at little cost) simply by exchanging the earpiece for a small speaker- more on that at a later date.

Yes the young coppers now seem to take the easy COP in inforcing the law it appears to just be a matter of revenue raising in the name of the law. Wish they would do real policing and get the real crims.

(off me soapbox now)

fergy

What is "silly" about their bikes?

yes you are right thank you for your positive practical advice.
ros

cigarettes will never be banned here even though they are blamed for killing thousands of Aussies annually, because the Government makes too much $$$ in cigarette tax from them

Maîneÿ . . .

No clock in your car?

Cruiser, the way I read the post, it didn't seem to be "Poor me, I did the wrong thing and got caught" but rather a question about whether the penalty is a too heavy considering the nature of the offence

Timbo,

At the end of the day, he did the wrong thing. If the fine is $300 then as I said, he did the crime, pay the fine.

Cheers,

Cruiser

I agree Cruiser, just that $300 seems like a lot for simply holding the phone while using 'hands-free', especially when you consider he could have been holding a coffee (or any of a number of other things) while on hands-free and not had any fine.

It might not sound like it, but I do agree Cruiser: you only get fined for doing what's illegal. So far. We haven't quite got to the stage some other countries are at where the cops will just pull you over hoping to get you for something, even if only a bribe.

So if the penalty is to have your hand severed do we just cop that?

The laws, how they are applied, and the penalties are a matter for all of us - not just a few Nazis who end up wearing uniforms (even if they are shorts).

These things should reflect the values that we as a society determine to be appropriate.

My gut feeling is that we all agree that using a mobile phone while fanging along a busy street is dangerous and should be proscribed by law. Most of us would think that use of the phone in a car park is a lesser offence. Most would think that a fine of $300 is pretty heavy, and should not apply to the "offence" that started this post.

What a stupid, ignorant and thoughtless response !
This, and a few other replies to this thread, is one of the reasons why I am no longer a member and rarely visit this forum any more.

Pezza