Talking on mobile phone, stop on side of road, still get ticket! VICTORIA.

[EDManual]

My mum (65 years old) got a ticket for talking on her phone for a few seconds while driving. Bad luck for her. Anyway, she talked to the "ticket processing office", where she said its not fair, blah blah. They informed her that they are getting lots of people complaining, as you would expect. But! They are getting tickets where people HAVE pulled over on the side of the road to talk on their phone, only to be also given a ticket as their ENGINE IS RUNNING!! They explain that if the engine is running you do not have proper control of your car!

Thats the Vic govt for you!

Mum said, she was suprised when she rang that all they want is the money, and dont offer any advice on changing habits/training etc.

Anyway, so if you want to talk on your phone, you have to pull over and turn your car off! Even if its 40 degrees and you want to leave the air con on.

[EDManual]

The cops obviously think of it the same as if you are drunk sleeping in your car out the front of your mates place. You are in control of your car! yeah right. And deserve to lose your licence for 6 months or whatever....

[SSVPom]

Another example of how motorists are treated like criminals...

[gtxb67]

sorry, but I do not have a problem with it - i have seen many instances where someone has pulled over abruptly or parked in a potentially dangerous position because the call is more important than everyone else, they are sharing the road with

[vztrt]

Government has to pay for the 19% pay rise to the police.

[Windsor342ci]

Originally Posted by gtxb67

sorry, but I do not have a problem with it - i have seen many instances where someone has pulled over abruptly or parked in a potentially dangerous position because the call is more important than everyone else, they are sharing the road with

I get what your saying, If someone is parked up on the footpath with your assend hanging out in front of a school at about 2:55pm then yes, valid point. But generally speaking, in most sanarios, the driver would have appeared to be trying to do the right thing. If I was parked up accordingly, and got done for being on the phone, I would be livered!!!! So much so, Id find it hard to justify why I should pull over at all! If Im going to get fined for doing what Im instructed to do, then I may aswel have the same fine issued to me and still be in route to my destination....

[EDManual]

The ticket office explained that the tickets were for that the engine was running, not that the car was in a dangerous position. Different thing!

[pauljh74]

A person could pull over to the side of the road and read a street directory - that for many years hasn't been an issue. If I pull over, take it out of gear and put the handbrake on while my left indicator is on to let others know I have parked temporarily, but the engine is running - to get a ticket then for mobile phone use is a crock.

[Yellow_Festiva]

Originally Posted by gtxb67

sorry, but I do not have a problem with it - i have seen many instances where someone has pulled over abruptly or parked in a potentially dangerous position because the call is more important than everyone else, they are sharing the road with

And for the people who take their time to pull over correctly and park?

C'mon... this sort of thing is getting to be a joke.... I have got the odd phone call while on the road and have pulled over and parked the car with the engine running but still in park with the hand brake up. Explain HOW this can cause accidents or is in any way dangerous?

Also, just say you were on the phone and walking to your car. You are about to end the call but decide to sit down, buckle up and start the engine. You haven't put it in gear, nor have you actually driven anywhere.

If a police officer sees you at this very point in time, can you justify why that person deserves a fine, say over a person who does the exact same thing, but perhaps adjusts the radio or fiddles with the air-con, the seat position or lean over to rifle through the glove box to find that CD???

I'm all for getting people to not use phones while driving.... but getting a fine for the situations above is money making plain and simple.

Is pulling over to read a street directory with the engine running also illegal I wonder?? Are we not all GUILTY of doing this at some point??

[Jim Goose]

Ok while it sounds stupid... think about this.... if the law was "the car must be stationary", then technically speaking you could be stopped at a stop sign, or stopped at a red light, or stopped in a traffic jam with the engine running and be talking on your phone.

Therefor you are required to pull over and turn the engine off so that you have no chance of making the mistake of taking off while talking or just as you end the phone call etc....

edit: and i think youll find the rest of Australia has the same law regarding talking on phones... its not a Victorian conspiracy

[gtxb67]

coincidently just last saturday, I was driving along a 2 lane road with just enough room in each lane for cars to pass each other safely. someone decided their phone was just too important so pulled over, still slightly on the road. each car passing it had to cross the centre line (my side) to get around them. as luck would have it, myself and another car were going to cross right opposite this considerate road user. luckily for me the oncoming car slowed to allow me though without putting the coupe into the gravel. of course while doing this, they forced cars behind to slow on an 80 kph stretch, therefore annoying them too


sorry, but i don't really see how answering a phone is so important. i do not use blue tooth or hands free, but if I get pinged, then that is my problem. all of the road laws apply to me, not just the ones i want


of course the original poster's mum might have been well of the road and not forced anyone to slow un-necessarily, and if that was the case then it is harsh. from my experience that rarely happens though

[EDManual]

This is not about pulling over safely or not! Assume you HAVE pulled over perfectly safely. You STILL get a ticket if your engine is on.

[Ben73]

Originally Posted by gtxb67

sorry, but I do not have a problem with it - i have seen many instances where someone has pulled over abruptly or parked in a potentially dangerous position because the call is more important than everyone else, they are sharing the road with

Well that has nothing to do with the engine running or not.

Next time I am instructed to pull over at a road side RBT I won't do anything until I put the car in park, pull up the handbrake and switch off the engine. A breath test machine is a handheld electronic device. So I am not using it when I am driving. aka having the engine running.

[Jim Goose]

Originally Posted by EDManual

This is not about pulling over safely or not! Assume you HAVE pulled over perfectly safely. You STILL get a ticket if your engine is on.

And?? This isnt something new.... and as I said.. youll find the rest of Australia is pretty much the same.

[gtxb67]

Originally Posted by Ben73

Well that has nothing to do with the engine running or not.

Next time I am instructed to pull over at a road side RBT I won't do anything until I put the car in park, pull up the handbrake and switch off the engine. A breath test machine is a handheld electronic device. So I am not using it when I am driving. aka having the engine running.

the rules are the rules - since most people who answer phones are not considerate and are sometimes dangerous, i have no problem with them being enforced

[Mickxr8]

Would love to see the whole bloody mobile network go down for a week, we got by without it before ? , mobiles should only be used for emergencies , If you need one taped to your ear you have an issue,, ( work related calls exempted though lol )

[Auslandau]

Originally Posted by gtxb67

sorry, but I do not have a problem with it - i have seen many instances where someone has pulled over abruptly or parked in a potentially dangerous position because the call is more important than everyone else, they are sharing the road with

I have a problem with it. If they pull over in a dangerous position or abruptly etc ....... get them for dangerous driving. Not talking on the phone in a parked car. Least they are off the road and can chat to their little hearts content.

If someone cannot have the capability to safely park there car, with engine running and foot on the brake and talk on the phone with no other distractions how the hell can they operate a vehicle on a public road safely?

[Elks]

Originally Posted by Auslandau

I have a problem with it. If they pull over in a dangerous position or abruptly etc ....... get them for dangerous driving. Not talking on the phone in a parked car. Least they are off the road and can chat to their little hearts content.

If someone cannot have the capability to safely park there car, with engine running and foot on the brake and talk on the phone with no other distractions how the hell can they operate a vehicle on a public road safely?

Well book them for stopping on a freeway or dangerous parking or something, but not for talking on a phone.

[GT0132]

I understood it was an offence if the keys were in the ignition - motor doesn't need to be running.

[Pub247]

Originally Posted by gtxb67

coincidently just last saturday, I was driving along a 2 lane road with just enough room in each lane for cars to pass each other safely. someone decided their phone was just too important so pulled over, still slightly on the road. each car passing it had to cross the centre line (my side) to get around them. as luck would have it, myself and another car were going to cross right opposite this considerate road user. luckily for me the oncoming car slowed to allow me though without putting the coupe into the gravel. of course while doing this, they forced cars behind to slow on an 80 kph stretch, therefore annoying them too


sorry, but i don't really see how answering a phone is so important. i do not use blue tooth or hands free, but if I get pinged, then that is my problem. all of the road laws apply to me, not just the ones i want


of course the original poster's mum might have been well of the road and not forced anyone to slow un-necessarily, and if that was the case then it is harsh. from my experience that rarely happens though

You have obviously never driven around melbourne then. I've been driving along in the left lane in a safe and correct manner the bam!! theres cars parked in the middle of the road. I've driven along roads in the work transit where ive had to stop and reverse back because i cant fit due to people parking in the road.

[Ben73]

Originally Posted by Auslandau

I have a problem with it. If they pull over in a dangerous position or abruptly etc ....... get them for dangerous driving. Not talking on the phone in a parked car. Least they are off the road and can chat to their little hearts content.

If someone cannot have the capability to safely park there car, with engine running and foot on the brake and talk on the phone with no other distractions how the hell can they operate a vehicle on a public road safely?

This is true.

They are just making money of people doing the right thing. Switching the engine off is over the top if they already stopped in park.

[fmc351]

^^^

Originally Posted by CRYHSV

I get what your saying, If someone is parked up on the footpath with your assend hanging out in front of a school at about 2:55pm then yes, valid point. But generally speaking, in most sanarios, the driver would have appeared to be trying to do the right thing. If I was parked up accordingly, and got done for being on the phone, I would be livered!!!! So much so, Id find it hard to justify why I should pull over at all! If Im going to get fined for doing what Im instructed to do, then I may aswel have the same fine issued to me and still be in route to my destination....

Are you saying youd be pelted with livers? Its livid mate.

And yeah, I would be too. If the driver has pulled over, and by that obviously the manner in which they pull over has to be legal too, then they are doing the right thing. Its dumb to fine them for pulling over safely to answer or make a call. However, Im thinking there might be some more practical policing reason why this is enforced.

Drunk and asleep in your car is another matter. Its borderline, they too are doing the right thing, but I suspect it leads to situations where police find it harder to book genuine drink drivers, and a tendency to head home after a nap while still over the limit.

[2011G6E]

I think you'll find your answer is in the first sentence of your post..."My mum (65 years old) got a ticket for talking on her phone for a few seconds while driving". That's why she got her ticket.

However, the other ones aren't so easy to explain. I do know that for many years, at least since I started driving in 1982, if you were sitting in your car with your keys even in your pocket, you are "in control of the vehicle", which meant a few drunks sleeping it off on the back seat got done for "drink driving", while stationary. You're in control of the vehicle.
Must be the same with phones.

[gtxb67]

Originally Posted by Pub247

You have obviously never driven around melbourne then. I've been driving along in the left lane in a safe and correct manner the bam!! theres cars parked in the middle of the road. I've driven along roads in the work transit where ive had to stop and reverse back because i cant fit due to people parking in the road.

and your point is


i do not care about certain roads that may or may not have traffic. however I have no sympathy if someone gets a fine for doing something illegal, while being inconsiderate to others. don't want a fine - know the rules and obey them. it is not that hard, especially when you consider how perfect some people are

[Auslandau]

Originally Posted by gtxb67

and your point is


i do not care about certain roads that may or may not have traffic. however I have no sympathy if someone gets a fine for doing something illegal, while being inconsiderate to others. don't want a fine - know the rules and obey them. it is not that hard, especially when you consider how perfect some people are

I didn't think it was illegal to pull onto the side of the road .... put your car into P ..... pull the hand brake on ..... in an area that is designated as a parking area ..... in an orderly legal fashion ...... and chat on your phone with the engine running?

[Ben73]

What if you sleeping in the tray of your ute but your ute is locked and your keys are inside the house you are parked out the front of. I guess that's drink driving too.

[Scott]

Originally Posted by gtxb67

sorry, but I do not have a problem with it - i have seen many instances where someone has pulled over abruptly or parked in a potentially dangerous position because the call is more important than everyone else, they are sharing the road with

Wow, way to go random

It is ridiculous. Just like all the other crazy rules that were introduced to allow for the lowest common denominator... must lock your car, must not leave it running, must not be within X metres with the keys if you might be over the limit, must not talk on the phone while the engine is running blah blah blah.

Anyone that can rationalise booking someone for talking on their phone while parked with the engine running needs to take a good look at themselves.

[Franco Cozzo]

Yes, its a stupid law, if the engine is running, but the car is in park/neutral with the hand brake pulled up and you're off the road/parked somewhere you can still get a fine.

I'm not talking illegaly/dangerously parked, parked safely and the engine is still running you can get a fine for it.

Welcome to Victoria

Make sure you read your legal dictionary and have your lawyer on speed dial before you get out of bed.

[gtxb67]

Originally Posted by Auslandau

I didn't think it was illegal to pull onto the side of the road .... put your car into P ..... pull the hand brake on ..... in an area that is designated as a parking area ..... in an orderly legal fashion ...... and chat on your phone with the engine running?

if it isn't illegal, why did she get the fine

[Franco Cozzo]

Originally Posted by gtxb67

if it isn't illegal, why did she get the fine

Just because something is a law, it doesn't make it right, fair or just.