Is a UHF a mobile phone?

Submitted: Tuesday, Jan 26, 2010 at 15:34
ThreadID: 75507 Views:4869 Replies:15 FollowUps:36
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Hi all,

I got pulled over today and warned for talking on my UHF whilst driving. The young copper told me there was no difference between being distracted by using a mobile and being distracted whilst using a UHF.

I bit my tongue and refrained from telling the boy in blue what i thought of his interpretation of the law.

Has anyone else heard of this happening???

Cheers Wilko
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Reply By: greybeard - Tuesday, Jan 26, 2010 at 15:47

Tuesday, Jan 26, 2010 at 15:47
if you are in WA then the following applies

quoted from the WA Road Traffic Code, reg # 265

Quote:
265. Use of hand-held mobile phones
(1) On or after 1 July 2001, a driver shall not drive a motor vehicle and use a hand-held mobile phone while the vehicle is moving, or is stationary but not parked.
Points: 3 Modified penalty: 5 PU
(2) In this regulation —
“mobile phone” does not include a CB radio or any other two-way radio.
[Regulation 265 amended in Gazette 22 Dec 2006 p. 5822; 29 Feb 2008 p. 697.]


It explicity excludes radios.
AnswerID: 401133

Follow Up By: Wilko - Tuesday, Jan 26, 2010 at 15:57

Tuesday, Jan 26, 2010 at 15:57
Thanks Greybeard,

I live in NSW but that will be good when I'm over that way next : )

Cheers Wilko
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Reply By: get outmore - Tuesday, Jan 26, 2010 at 15:59

Tuesday, Jan 26, 2010 at 15:59
Exactly why some sections of the community become coppers
to satisfy there lust for creating laws as they see fit and the power they feel from the fear their subjects feel as they go about their daily businiss in case they transgress against these self made laws

in iraq they were called republican gaurd, in germany they were called nazis in zimbabwe they are called veterans
every country has them the only difference is how much power our government allows them to exercise
AnswerID: 401138

Follow Up By: ob - Tuesday, Jan 26, 2010 at 18:30

Tuesday, Jan 26, 2010 at 18:30
Yep, thats the reason why people become coppers
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Follow Up By: Davo_60 - Tuesday, Jan 26, 2010 at 18:30

Tuesday, Jan 26, 2010 at 18:30
Police don't create laws, the voting public do by virtue of who they vote for, as for the level of power allows them to exercise, that is also a result of the popular vote. Police are puppets of the government of the day, however we seem to feel secure in the thought of a controlled society as we keep voting for it.

There are fools in every profession, this bloke sounds like he may be one. At any rate, he just made his job that bit harder next time he is looking for support from a jury - that's the way it goes. He may or may not be technically right, but it is not in the spirit of things.

Dave

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Follow Up By: ob - Tuesday, Jan 26, 2010 at 18:39

Tuesday, Jan 26, 2010 at 18:39
Davo, I agree wholeheartedly with the first paragraph see my reply below. As for the second part read the original post. No one was booked, he handed out a caution only. Pretty practical policing in my opinion. What has "jury support" got to do with it??

ob
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Follow Up By: Davo_60 - Tuesday, Jan 26, 2010 at 20:26

Tuesday, Jan 26, 2010 at 20:26
I agree Ob, fair warning although I disagree with the copper on the UHF part, but at least the result was sensible - my response came across a bit harsh.

Just a general comment re the jury in response to the above - that is police are also judged by members of the public in court, where unreasonable treatment of the public is given out, it comes back at some point usually. Checks and balances basically, and like every job, there are people that are simply not suited. But on the whole we have a good system with good people.

Cheers,
Dave
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Follow Up By: travelmate2 - Wednesday, Jan 27, 2010 at 02:02

Wednesday, Jan 27, 2010 at 02:02
Way to much here in WA, guilty unto proving Innocent... too many wrong laws..
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Reply By: Member - Sheepie (NSW) - Tuesday, Jan 26, 2010 at 16:08

Tuesday, Jan 26, 2010 at 16:08
Next they'll be pulling you over for talking to SWMBO! ...hrrmmmm - maybe that's a good thing?

Not wanting to get too far into the argument over talking on phones, but I don't really understand the difference between them and other distractions - how many have been in a taxi-cab with the driver swerving all over the road looking at his coms system? ...And how is it not safe for us to use a phone (which I do actually agree with) but it is perfectly safe for Mr Plid to use one while driving?

Having used CB in the car for many, many years, I feel there is a difference between using them and using a phone - the conversations are usually of a quite different nature, and the act of holding the mic is a little different to hold a phone to one's ear. However, there's not THAT much difference.

As far as I know, there has not as yet been a move to include this in the regs. Would hate to see them go down this track, but wouldn't be at all surprised. What next?
AnswerID: 401140

Reply By: rescue134 - Tuesday, Jan 26, 2010 at 16:08

Tuesday, Jan 26, 2010 at 16:08
it's not so much using a phone but transmitting from a vehicle i think you will fine.
Kevin
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Reply By: Sand Man (SA) - Tuesday, Jan 26, 2010 at 16:09

Tuesday, Jan 26, 2010 at 16:09
The young Copper doesn't know the rules.
UHF communication (CB Radio) use is explicitly excluded from any road rule applying to mobile phone use while driving.

He may be logically correct that a CB Radio may cause a similar distraction to using a mobile phone, but no different than lighting up a smoke, putting on makeup, drinking or eating something while driving, or just carrying on an intense conversation with a passenger.

And I'll bet he himself has used a UHF (or HF) radio in his Patrol car while driving.


Bill.



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Follow Up By: RV Powerstream P/L - Tuesday, Jan 26, 2010 at 16:17

Tuesday, Jan 26, 2010 at 16:17
So we all buy HF and use the club phone interconnect system which appears to be legal.
Ian
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Follow Up By: Member No 1- Wednesday, Jan 27, 2010 at 07:42

Wednesday, Jan 27, 2010 at 07:42
coppers are allowed to use mobile phones here in SA...probably allowed to in all states.

CB and the like are allowed to be used .....But....you can still be booked for driving with undue care, inattention or whatever if the copper wishes....it will be up to you to prove you were not......they allege something and we need to prove our innocence...makes sense..... to them

If you do have an accident why using a CB be prepared to be booked for sure
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Reply By: DIO - Tuesday, Jan 26, 2010 at 16:20

Tuesday, Jan 26, 2010 at 16:20
Whilst there may (or may not) be specific legislation, in any one State, relating to the use of a CB Radio whilst driving a motor vehicle, remember ANYTHING that may cause or result in a driver, driving without due car, is an offence. You've been warned. Perhaps the way 'the young copper' expressed himself was the problem in this case. He should have chosen his words better. No different to eating an apple, drinking from a water bottle, eating a hamburger etc. It has nothing to do with mobile phones or that legislation. It's all about driving without due care/consideration.
The only reason legislators contiinue to introduce new legislation is to counter the irresponsible and inconsiderate actions of a small proportion of our community who seem to think that they can do whatever, whenever they like. Not so.
AnswerID: 401146

Follow Up By: Wilko - Tuesday, Jan 26, 2010 at 16:25

Tuesday, Jan 26, 2010 at 16:25
Hi DIO,

I thought this might be what he was talking about.

Cheers Wilko
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Follow Up By: On Patrol & TONI - Tuesday, Jan 26, 2010 at 16:45

Tuesday, Jan 26, 2010 at 16:45
"It's all about driving without due care/consideration"

Now lets ban inter vehicle communication, such as;

Ambulance
Police
Fire
SES
Bush Fire
Council
Heavy Vehicle Convoys
Event Organisation
Taxi
Army
Navy
Air Force
etc. etc. etc.

lets also include taking one hand off the steering wheel;
Changing gear
Switching things on or off
Adjusting mirrors
Picking nose
Open/close window
Air con adjustments

The list is endless, does anyone have a suggestion where this stops being practical and starts being "driving without due care/consideration"
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Follow Up By: ob - Tuesday, Jan 26, 2010 at 18:33

Tuesday, Jan 26, 2010 at 18:33
Just one, where picking your nose, eating your hamburger or scratching your clacker costs someone their life
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Follow Up By: On Patrol & TONI - Tuesday, Jan 26, 2010 at 21:02

Tuesday, Jan 26, 2010 at 21:02
ob spotted the obvious mistake, well done ob.
You were paying attention. LOL
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Follow Up By: Rockape - Tuesday, Jan 26, 2010 at 22:37

Tuesday, Jan 26, 2010 at 22:37
I have done many, many K's using a 27meg/uhf and vhf radios and have never, never been distracted by them. I now have two radio's going on different channels and still don't have a problem.

Having said that, I have had the pleasure of being run through 3 red lights a couple of giveways and stop signs when I have been in the passenger seat courtesy of a driver using a mobile phone.
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Follow Up By: ob - Tuesday, Jan 26, 2010 at 23:28

Tuesday, Jan 26, 2010 at 23:28
Most truckies would have experience of using CB or whatever while shifting up and down a gearbox with more ratios that the IQ number of some of the airheads I have seen buzzing around the "burbs in their little airconned auto trannied power everthing yuppiemobile. These guys (and gals) have more driving ability in their little fingers than a lot of those of us that have never left suburbia. Unfortunately these type of drivers are the ones that this law is aimed at and everyone else is covered by the same legislation.

Cheers ob
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Follow Up By: travelmate2 - Wednesday, Jan 27, 2010 at 02:09

Wednesday, Jan 27, 2010 at 02:09
You blokes above have lost the point, (he the one you all hate) DIO is only stating the what is real. you bleep up you will pay for it. fire fighter, copper, truck driver, or a lonely 4WDiver..

you make the mistake you have to pay for it

Cheers
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Reply By: Member - Dunworkin (WA) - Tuesday, Jan 26, 2010 at 16:22

Tuesday, Jan 26, 2010 at 16:22
I think he was a little off beam there, what about all the truckies, cops, ambo's?? I could be typing here all day.

This is the way I see it. It's not so much the actual talking on the phone as the texting, dialing, the finding of it when it rings and the actually answering it, with a UHF you take it from the cradle and you speak, no more distracting than having someone in the passenger seat.

Cheers

D


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Follow Up By: Wilko - Wednesday, Jan 27, 2010 at 13:30

Wednesday, Jan 27, 2010 at 13:30
Thanks D,

I agree,

Cheers Wilko
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Reply By: BV - Tuesday, Jan 26, 2010 at 16:28

Tuesday, Jan 26, 2010 at 16:28
From the NSW Road Rules:

300 Use of mobile phones by drivers (except holders of learner or provisional P1 licences)

(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 his or her hand 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.

Maximum penalty: 20 penalty units.

Note. Emergency vehicle, park and police vehicle are defined in the Dictionary.

(1–1) Subrule (1) does not apply to the driver of a vehicle who is the holder of a learner licence or provisional P1 licence.

Note 1. Learner licence is defined in the Act, and provisional P1 licence is defined in the Dictionary.

Note 2. Rule 300–1 places restrictions on the use of mobile phones, whether or not held in the hand, by the holder of a learner licence or provisional P1 licence.

Note 3. This subrule is an additional NSW subrule. There is no corresponding subrule in rule 300 of the Australian Road Rules.

(2) In this rule:

mobile phone does not include a CB radio or any other two-way radio.

use, in relation to a mobile phone, includes 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,
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Follow Up By: Wilko - Tuesday, Jan 26, 2010 at 16:34

Tuesday, Jan 26, 2010 at 16:34
Thanks BV.

Cheers Wilko
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Follow Up By: olcoolone - Tuesday, Jan 26, 2010 at 22:07

Tuesday, Jan 26, 2010 at 22:07
Rule 300 is an Australian road rule covering all of Australia as a minimum requirement.
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Reply By: Member - GREENDOG - Tuesday, Jan 26, 2010 at 16:35

Tuesday, Jan 26, 2010 at 16:35
Just another cop with nothin better to do,you have to wounder where they are when a P plater screams passed you doing well over the speed limit which has happen to me to many times.cheers GREENDOG
AnswerID: 401153

Follow Up By: Stef & Sal - Tuesday, Jan 26, 2010 at 17:55

Tuesday, Jan 26, 2010 at 17:55
Probably having thier day ruined by having to scrape someone up off the road that has had their life cut tragically short & then deliver a death message to a relative! No doubt it would be a perfect world if authorities (Ambo's, Fire & Police) could be everywhere!
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Reply By: OzTroopy - Tuesday, Jan 26, 2010 at 17:18

Tuesday, Jan 26, 2010 at 17:18
Essentially ... yes a UHF is a mobile phone .... in reality a mobile phone is acually a radio transceiver ... and both rely on repeater networks to achieve any decent communication range.

The difference being that each "mobile telephone" piece of equipment is allocated a 10 digit recognition number and telstra etc gets to charge the user exorbitant fees ...... that dont get charged for using UHF.

In regards to using the UHF whist mobile ... Its always been my understanding it has been an offence for a long time .... as in the dim dark past when a rebellious teenager in Qld, I recall fitting a footswitched operated higain microphone in my car for using the old 27mhz CB due to Qld regulations.

BTW .... emergency service vehicles etc normally have a driver .... and a comms operater/navigator in the pass seat.
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Follow Up By: Geoff (Newcastle, NSW) - Wednesday, Jan 27, 2010 at 11:03

Wednesday, Jan 27, 2010 at 11:03
From the NSW Road Rules:

300 Use of mobile phones by drivers (except holders of learner or provisional P1 licences)

(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 his or her hand 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.

Maximum penalty: 20 penalty units.

Note. Emergency vehicle, park and police vehicle are defined in the Dictionary.

(1–1) Subrule (1) does not apply to the driver of a vehicle who is the holder of a learner licence or provisional P1 licence.

Note 1. Learner licence is defined in the Act, and provisional P1 licence is defined in the Dictionary.

Note 2. Rule 300–1 places restrictions on the use of mobile phones, whether or not held in the hand, by the holder of a learner licence or provisional P1 licence.

Note 3. This subrule is an additional NSW subrule. There is no corresponding subrule in rule 300 of the Australian Road Rules.

(2) In this rule:

mobile phone does not include a CB radio or any other two-way radio.

use, in relation to a mobile phone, includes 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,
Geoff,
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Reply By: MEMBER - Darian: SA - Tuesday, Jan 26, 2010 at 17:46

Tuesday, Jan 26, 2010 at 17:46
Here in SA I've heard ''the law'' say on ABC radio (therefore it must be correct :-o) that two way radios can of course be used in cars at anytime (not prohibited re the regs on phones) BUT one can be pinged of course IF the use of the two way contributes to inattentive or unsafe driving in the opinion of the officer.
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Follow Up By: Stef & Sal - Tuesday, Jan 26, 2010 at 17:58

Tuesday, Jan 26, 2010 at 17:58
Darian

You are spot on. Sensible thinking. You can eat a hamburger, drink a drink, have a smoke etc, even change the radio station, but if you happen to have an accident whilst doing this, you would be "driving without due care".
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Reply By: ob - Tuesday, Jan 26, 2010 at 18:28

Tuesday, Jan 26, 2010 at 18:28
IMHO both using a mobile phone or CB/UHF/VHF whilst a vehicle is in motion can be distracting to a similar degree. Since mobile usage has been made illegal I have made it a practice to park before calling or answering a call. I have used the other forms of communication on the move. I think the difference is the initiation of the usage. As has been said to use your 2 WAY most time it's just a matter of lifting the mike. Answering or calling on a mobile is a little more involved. Texing (spelling??) on a mobile is a whole new ball game. Hands free operation of a mobile as far as the talking and listening phase is no more of a distraction than a 2WAY it's the initiation of contact that is more involved.
As far as the young?? coppers interpretation who knows I wasn't there but lets not shoot the messenger. If you don't like the legistration call your MP. Also as was pointed out previously would you like the job of scraping someones body off whatever piece of the scenery they came rather rapidly into contact with and asking a mother, father or whomever to identify what is left.

Cheers ob
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Follow Up By: Wilko - Tuesday, Jan 26, 2010 at 23:17

Tuesday, Jan 26, 2010 at 23:17
Hi Ob,

No I wouldnt like to be a Cop,They deal with the lowlifes, Childmolesterers, murderers, Drug dealers and scum of society.

They dont get paid enough for the crap (can I say crap) they put up with.

Cheers Wilko
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Follow Up By: ob - Tuesday, Jan 26, 2010 at 23:37

Tuesday, Jan 26, 2010 at 23:37
Amen to that Wilko,

One of my BIL,s was a copper and after many years in the job chucked it in for a less stressful occupation. Some of the stories he told us would make your hair stand on end. I started to understand why some coppers have such a low opinion of the general public. Justifiable or not after years of dealing with low lifes of every type imaginable affects your perception of people in general becomes somewhat jaded.

Cheers ob
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Follow Up By: Karen & Geoff - Wednesday, Jan 27, 2010 at 12:09

Wednesday, Jan 27, 2010 at 12:09
Ob, you are so right. It makes me laugh when I see or hear people say the coppers are low lifes or have nothing better to do. I think they are the people who really need to go and spend a week in a "coppers" shoes and see what they have to put up with from people who think they are above the law, and people who have big mouths. The crap they put up with is unreal. We have alot of good friends as "coppers", and I dont know why they dont trip over more and accidently just shoot some people they have to take crap from.

I think they all deserve a medal and what kind of country would this be with out them.

Karen
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Reply By: Member - Mike DID - Tuesday, Jan 26, 2010 at 22:09

Tuesday, Jan 26, 2010 at 22:09
He obviously pulled you over because he saw you talking to something in your hand.

When you gave an explanation that made your actions lawful, he had two options -

a) Acknowledge that talking on a two-way radio was totally legal, and then remind you that talking on a phone without handsfree carried strong penalties.

b) Pretend he was still right to pull you over, by bluffing you about the illegality of what you were doing - hoping that it would dissuade you from putting in a complaint to his station about being pulled over while being totally legal.

Very sad when they can't just admit they had no reason to pull you over.

No wonder people are losing respect for the law.
AnswerID: 401217

Follow Up By: ob - Tuesday, Jan 26, 2010 at 23:46

Tuesday, Jan 26, 2010 at 23:46
Yeah Mike they have such an easy job and of course they all carry a copy of every bit of legistration ever inacted in their memory banks.
And of course uppermost in his mind while dealing with drug affected, drunk and generally obnoxious members of the public would be the thought that your poor wounded pride would cause you to complain to his superiors.

Give me a break
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Follow Up By: Member - Mike DID - Wednesday, Jan 27, 2010 at 16:48

Wednesday, Jan 27, 2010 at 16:48
"of course they all carry a copy of every bit of legistration ever inacted in their memory banks"

- a Policemans job is to enforce the law, they CANNOT do their job without knowing the law
- if they're not sure of a particular they should NOT accuse someone of breaking it
- citizens are REQUIRED to know every law without ANY training - the lawyer's favourite phrase is "Ignorance of the law is no excuse".



"And of course uppermost in his mind while dealing with drug affected, drunk and generally obnoxious members of the public would be the thought that your poor wounded pride would cause you to complain to his superiors. "

- why do you beleive that Wilko was drug affected, drunk or obnoxious ?



"Give me a break"

- the days seem to be long gone where the police would give people a break and let them off with a warning, if the circumstances suggested there may have been extenuating circumstances.
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Reply By: Wilko - Tuesday, Jan 26, 2010 at 23:12

Tuesday, Jan 26, 2010 at 23:12
Thanks all for your replies,

Just to clarify, I was driving with another couple and got pulled over to be random breast tested. When I was in the marked out area in "queue" with the other cars, I called the other couple to tell them I'd been pulled over.

So he knew I was talking on the UHF and said it was the same as a phone. I told him that I was sorry but every trucky, farmer, bus driver etc I know always and I mean always use the UHF regularly.

We were in Sydney and I dont think the Copper had seen a UHF before. I dont think he was being a Smart Bleep. He sounded genuine enough.

Cheers Wilko
AnswerID: 401232

Follow Up By: Dave(NSW) - Wednesday, Jan 27, 2010 at 00:09

Wednesday, Jan 27, 2010 at 00:09
He probably chipped you because you told someone over the radio you got pulled over, They usually get upset when someone gives them up on the uhf believe you me I've been down that road a lot of times LOL
Cheers Dave...
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Follow Up By: Member - Heather G (NSW) - Wednesday, Jan 27, 2010 at 06:59

Wednesday, Jan 27, 2010 at 06:59
Hey Wilko,

did you mean to write 'I was driving with another couple and got pulled over to be random breast tested'

because I think you may have meant 'breath' tested???!!!

Or maybe the coppers are doing different checks in your part of Oz! LOL

Regards,
Heather G
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Follow Up By: Gone Bush (WA) - Wednesday, Jan 27, 2010 at 09:51

Wednesday, Jan 27, 2010 at 09:51
Heather what are you doing awake at 03:59 to submit your post?

Not having a random breast test of your own I hope????

I'm glad I ain't too scared to be lazy
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Follow Up By: Member - Heather G (NSW) - Wednesday, Jan 27, 2010 at 10:34

Wednesday, Jan 27, 2010 at 10:34
It was not that time when I replied to the thread Gone Bush, more like 6.59 and no I wasnt lucky enough to being tested for anything!!! LOL

Regards, heaher G
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Follow Up By: Gone Bush (WA) - Wednesday, Jan 27, 2010 at 10:53

Wednesday, Jan 27, 2010 at 10:53
Sorry Heather, my PC shows WA time.

Sorry you missed out on an inspection too.....

cheers

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Follow Up By: Wilko - Wednesday, Jan 27, 2010 at 13:25

Wednesday, Jan 27, 2010 at 13:25
Doh Soz was meant to be breath but breast is funnier ; ).

Cheers wilko
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Follow Up By: Wilko - Wednesday, Jan 27, 2010 at 13:34

Wednesday, Jan 27, 2010 at 13:34
Hi Dave,

He wouldnt have heard what I'd said as he was 10 or so mts in front of the car waving me forward.

Cheers Wilko
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Follow Up By: Holden4th - Wednesday, Jan 27, 2010 at 19:41

Wednesday, Jan 27, 2010 at 19:41
Yes and so have I. Every time I pass an RBT, mobile speed camera, or something else the boys in blue have got going I turn on the UHF and warn those in the vicinity about it.

I passed a speed trap here on the Gold Coast and got stopped by the next group about a km down the road. I knew I hadn't been speeding so I wondered what was up. Yes, they were bleep ed off because I was broadcasting their location and decided to pull me over with the same bull bleep excuse used in the original post. When I was told about this I just burst into laughter while shaking my head. My only words were "Well, go ahead and book me." They then offered the written warning and I said "Either book me or let me go on my way." One cop started to lecture me and I said " Didn't you hear what I said, just book me or let me go on my way." After a few more pointless words of admonishment I was let go.

The original poster might like to challenge the validity of the written warning with the young policeman's superiors. After all, he has been dumb enough to put it in writing.
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Follow Up By: disco driver - Thursday, Jan 28, 2010 at 00:35

Thursday, Jan 28, 2010 at 00:35
Holden4th,
If it was as you posted, and I have no reason to doubt you, you were bloody lucky NOT to be charged with "hindering the police in the execution of their duty" because that's what you were doing.

And that is a criminal offence!!!!!!

Disco
(who has learnt that spouting off at a copper is not a good idea, you were very lucky.)
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Reply By: Bob of KAOS - Wednesday, Jan 27, 2010 at 07:16

Wednesday, Jan 27, 2010 at 07:16
In Relation To A Mobile Phone, Includes 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,


On the basis of the above, unless the phone is locked in the boot you could be accused of reading a text message because how can an observer (in another vehicle) tell if you are looking at the phone or reading a message, or if by touching it you are turning it on or off or merely holding it?

But to make it even more complex, you are allowed to have it mounted in a cradle attached to the windscreen for navigation, and if a text message comes through you have to avert your eyes in case you read it!

Its almost impossible to accurately observe subtle infringements, and to distinguish other legal activities from what might appear to be infringements. Try holding a Mars bar to your ear and talking into it while pulled up in front of a police car.

I agree that using mobiles while driving is highly dangerous and needs to be outlawed, but framing the laws is difficult, and the laws need to be applied with some common sense, which sometimes they aren't.
AnswerID: 401252

Follow Up By: Member - Mike DID - Wednesday, Jan 27, 2010 at 16:39

Wednesday, Jan 27, 2010 at 16:39
"(A) Holding The Phone To, Or Near, The Ear (Whether Or Not Engaged In A Phone Call), "

- no wonder people have lost respect for our stupid laws !.

People don't automatically get booked if they're having an intense argument, screaming at the kids, eating an ice-cream, putting on makeup, shaving - but hold a phone NEAR your ear - then throw the book at them.
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