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

[aussie muscle]

i think this is a case of 'word of the law' as opposed to 'spirit of the law'.

Originally Posted by 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.

you may have seen people standing around signs that say 'no standing'.
i believe the correct terms are;
standing: vehicle is not moving, but engine is on and driver is in vehicle.
stopped: vehicle is not moving but engine is not running and driver is in vehicle
parked: vehicle is not moving and engine is not running and driver is not in vehicle.


Leela: Do you know what it means

Fry: Yeah, I asked a cop once. It means “Up yours, Kid”

[Olbucko]

It is Illegal to hold and talk on a mobile phone while driving, but it is legal to talk on a hands free phone, as long as it has auto answer and auto hang up, but it is illegal to push the button on the phone to turn on voice activated dialing, but is it legal when you have a built in hands free system to push the button on the dash to turn on voice activated dialing, and is it legal to use the button on the steering wheel to adjust the volume of the the phone coming though the radio.

It is illegal to operate the controls of your phone when playing music though your stereo while driving, but if you are using an Ipod or navigator to play your music that seems to be legal. It is perfectly legal to operate and adjust your car stereo and CD player while driving, (and some car radios are far more complex to operate than most phones). As far as I know it is legal to operate CB & 2 way radios while driveing.
You are not supposed to be making adjustements to a navigator while driving, but having a street directory on the seat beside you is OK.

And lastly it seems that it is not legal to talk on your phone while parked if the engine is running, but it is perfectly OK to sit in your car with the engine running, while parked, eating your lunch, pie in one hand, drink in the other. newspaper balanced on the steering wheel, listening to your radio.(or talking on your hands free phone)

I'm Confused

PLEASE EXPLAIN!

Making and receiving calls while driving may be an option for some, but if you are a tradie, delivery driver, taxi driver, or similar you have to take your calls as they come in, or you will find yourself out of work.

I cant see why people don't use hands free kits they are cheap and easy to use. I have used one for 18 years.ever since I got my first phone. I would not have a car without one.

[jimmyxr6t04]

Aussie Muscle; So if your terminology is correct, and stopped means "vehicle is not moving but engine is not running and driver is in vehicle,"

I guess we're all screwed!! Technically, you'd have to turn your engine off at every stop sign!!

[vztrt]

These laws will get interesting when touch screens become more and more common in cars.

[HSE2]

Well I can't make sweeping statements about “most” or the “majority” doing whatever. What I can do is speak for myself and my years of being a mobile phone user.

I have never turned my car off and am surprised that such action could attract a fine. Ignore the manner in which people pull off the carriage way for a minute, because to be honest I can’t separate that action to be consistent with a phone application of simply poor skills which brings me to my point.

I learnt a long time ago that only an idiot would pull over and think they cease to be part of the road user equation. I was taught that it is my responsibility to avoid an accident and that means I drive watching everyone else, being ready to take action. When I pull over I would never ever stop the engine and I would always watch the mirrors because you never know when some do gooding forum member will come along and rear end you.
It happened to a good friend of mine. He saw it coming and was able to take off. That forward momentum wasn't enough to avoid the accident but it probably saved both lives.

That’s just me. Reading this has not changed my mind. When I pull over I will continue to leave the engine running. I will continue to cycle brake applications and I will most definitely continue to watch those mirrors.

[WMD351]

Originally Posted by Tobey

So this thread is based on hearsay from the old chooks that work at the ticket processing office....

Here here. I'd like to know the details of some cases where this has happened.
Was it parked in a quiet backstreet in the middle of a row of parked cars, if so that would be pretty rough.

Did they recklessly carve across three freeway lanes to get to the emergency lane, causing traffic chaos as cars slow, start concertinaing, and bank up for miles while everybody rubbernecks to ogle a parked car because they've never seen one before? If so the offender should probably go for dangerous in my opinion or even better give 'em six of the best.

But then again, dangerous? With a mandatory prison sentence, and the Vic government pushing to have wholly suspended sentences scrapped?
When we don't have enough space to keep real crims locked up what's the point of hypothetically incarcerating someones 65 year old mum?
Maybe a fine with a bit of discretion will be a better behavior modifier.

Then again, maybe the cops just need to pay for their new pay rise.


Off topic, if you're going to sleep in your car, hide the keys.
If you get a knock on the window, say your friends took them off you and left you to sober up, and this was more than three hours ago.
Merely being in possession of your car keys (even if your car's nowhere near you) can be arguably considered as "intent" to drive which can be just as bad as driving.

Originally Posted by Falc'man

this thread is hilarious... oops.. almost stacked it.

[FGII-XR6]

I normally have an issue when I see posts that are anti police , but this is the sort of thing that brings thought of gestapo tactics. on a hot day it is dangerous to sit in the car without the air running. The comments about drivers pulling up in a dangerous manner have nothing at all to do with this. If you have acted in a dangerous manner they would be able to book you for that but if you are pulled up safely with the engine running the hand brake on and the car in park or neutral then this is just revenue rasing.
I'm sure if someone took this to court using OH&S as a basis for the case the cops would be laughed out of court

[Ben73]

SO if the engine has to be off. You could be rolling at 100km/h and switch off your engine and have a chat on your phone.

[Yellow_Festiva]

Originally Posted by Ben73

SO if the engine has to be off. You could be rolling at 100km/h and switch off your engine and have a chat on your phone.

Nooooooo then they will get you with the 'In control of a vehicle' clause....

RPI... you are SPOT ON mate....

Just highlights the stupidity of some of these laws.... and their interpretation on how they effect safety.

[MattSAU2XR8]

I'm a bit curious about the engine running while vehicle is stationary thing too.

I've seen quite a few speed camera cars sitting on the nature strip with the engine running (for air con) and the 'photographer' sitting in the passenger seat and not wearing a seat belt on hot days. Sometimes he even has the seat reclined and is having a nap. Surely this guy cannot properly 'control' his vehicle in this situation?

That said does anyone actually one actually DIRECTLY know anyone who has been fined for talking whilst pulled over with the engine running, as opposed to talking and then pulling over?

[flappist]

You know there a lots of people wasting years of their lives reading articles when it is obvious all they need to do is join AFF to be eligible to be admitted to the Supreme Court..........

[z80]

Originally Posted by T MAN

its ironic how its illegal to use your mobile phone while driving but you can drink soft drink or eat while driving..
ive never heard of anyone getting a fine for eating while driving,

If you have a crash and hurt someone you will be found guilty of careless/negligent/culpable driving.

Of course you need to admit to it or someone sees you do it and is a wittness for the prosecution.

The police are usually pretty good at tripping people up when they are vulnerable and talkative while still traumatized.

[Auslandau]

Originally Posted by z80

If you have a crash and hurt someone you will be found guilty of careless/negligent/culpable driving.

If it was your fault and was proven.

Originally Posted by z80

Of course you need to admit to it or someone sees you do it and is a wittness for the prosecution.

Tomato sauce stains on your shirt, remains of a pie in your lap and Big M chocolate on the dash board ........ is proof enough you were having a snack but seeing you were stationary at a set of lights and someone drove up your bum?

Originally Posted by z80

The police are usually pretty good at tripping people up when they are vulnerable and talkative while still traumatized.

Thats their job I believe and you would hope they can find the facts at a scene of an accident by asking questions?

ANYWAYS ....... straying from topic here I would believe?

[burnz]

131700 report traffic acco's!! sorry can't do...

sorry officer can't call an ambo's, my turbo hasn't cooled enougth..

[Falc'man]

Originally Posted by burnz

131700 report traffic acco's!! sorry can't do...

sorry officer can't call an ambo's, my turbo hasn't cooled enougth..

step out of the car please sir, and dial that **** number.

[burnz]

Originally Posted by Falc'man

step out of the car please sir, and dial that **** number.

leaving your car un attened with the engine running...hrrmm

you want me to stand out in the blaring sun, middle of the day to make a phone call??? what's going on??

[Falc'man]

Originally Posted by burnz

leaving your car un attened with the engine running...hrrmm

you want me to stand out in the blaring sun, middle of the day to make a phone call??? what's going on??

Turbo timer, and stand in the shade. Now!