Technology and legislation

[flappist]

Poor old traffic law makers.

They banned radar detectors only to have the technology change via trapster and satnavs to make radar detectors almost pointless in heavily travelled areas.

Now with the new Samsung Galaxy S4 they will possibly have another delimma.

It is unlawful to operate a mobile phone while driving by touching it. Hands free is legal.

Leaked specs for the new SGS4 refer to "hover touch" where the phone can be operated without physically touching it.

So is it legal to make calls and texts by waving your fingers in front if the screen rather than touching it?

The wowsers are going to scream no.
The opportunists are going to scream yes.
The coppers are going stand in mute rage.
The lawyers are going to make calls to their local Porsche Centre.
The ambos are going to cancel their holidays.
The media, facebook and twitter are going to melt.
Samsung is going to to need a bigger money bin.

It has been an axiom for millenia that artillary always defeats armour......eventually.......

[Riksta]

I was wondering about the same sort of thing when my Pebble arrives.

http://getpebble.com/

Basically, its a watch, but should I get an SMS, the watch will display it (among doing other things).

Now, should I be driving, I know its illegal to pull my phone out to read the message. But, is it illegal to look at my watch?

[superyob]

I suppose the contact issue is pointless if your attention is being diverted from that needed to safely operate a motor vehicle. The tragic results will be just the same...

[flappist]

Originally Posted by superyob

I suppose the contact issue is pointless if your attention is being diverted from that needed to safely operate a motor vehicle. The tragic results will be just the same...

Exactly my point.

It has always, well at least since I have been driving which is 37 years, unlawfull to drive without due care.
The problem has been "what is due care" and prior to the world of backyard lawyers and amateur judge judy clones common sense on behalf of the Police prevailed.

Now that the Police have been "public servantised" and are not allowed to make a decission based on their own judgement and MUST follow the book, e.g. BAC of 0.049999 but driving eratically is allowed while BAC of 0.050000 and driving perfectly is a horendous crime, we have a "though shalt not touch a phone" law to reduce the necessary level of capability required to assess a situation in order to attain a conviction. e.g. Touch the answer button on the phone attached to the dash and you are stuffed, fiddle with your ICC for 20 minutes sorting through 10,000 songs to make a playlist.......no laws being broken there.

[Kable72]

Legislation needs to change to keep up with our ever evolving technology. Nothing major, just enough to reference our new technology.

[2011G6E]

As long as you can manage to take a few minutes out of your busy day on the road to have an occasional glance out the window at the road and traffic around you...

[PG2]

The NSW RMS site says;

While your vehicle is moving or stationary (but not parked), as a driver you may only use a mobile phone to make or receive a call or use the audio playing function if:

• the mobile phone is secured in a fixed mounting; or
• the mobile phone does not require you to touch or manipulate the phone in any way.

All other functions including texting, video messaging, online chatting, reading preview messages and emailing are prohibited.


Here is the link;
http://www.rta.nsw.gov.au/roadsafety...ons/index.html

[flappist]

Originally Posted by PG2

The NSW RMS site says;

While your vehicle is moving or stationary (but not parked), as a driver you may only use a mobile phone to make or receive a call or use the audio playing function if:

• the mobile phone is secured in a fixed mounting; or
• the mobile phone does not require you to touch or manipulate the phone in any way.

All other functions including texting, video messaging, online chatting, reading preview messages and emailing are prohibited.


Here is the link;
http://www.rta.nsw.gov.au/roadsafety...ons/index.html

Well I suspect that may take care of this particular problem in NSW although the definition of the word manipulate may be an issue but highlights another.

Some new vehicles have an audio SMS and email reading capability that is actually advertised as a safety feature.
This "safety feature" appears to be unlawful in NSW.

The constant "patching" of legislation due to kneejerk reactions is the reason we have so many loopholes and contradictions. Look at the Tax Act, it makes Tolstoy's War and Peace look like a sonnet.

[joolz]

Yet cars have had radios or even 8 tracks decades ago and legally allowed to touch the buttons!! As soon as its a phone with media its illegal to even have it sitting in the console (Vic law).

[superyob]

Originally Posted by joolz

Yet cars have had radios or even 8 tracks decades ago and legally allowed to touch the buttons!! As soon as its a phone with media its illegal to even have it sitting in the console (Vic law).

You don't need to give as much attention to a radio or even look at it to perform a function. Completely different to complex mobile phone functions...

[MAD]

Originally Posted by superyob

You don't need to give as much attention to a radio or even look at it to perform a function. Completely different to complex mobile phone functions...

Have you ever tried to find the on/off button on a VZ commodore stereo in a hurry?
It's like a freakin cockpit! So many buttons

I used to roll my ciggies, while driving, on the way to Uni in the city from Noble Park (50mins - 1hr drive), for 3 years. Never once came close to having an accident. I blame my lack of becoming a statistic on choosing my moments.

How much attention does rolling a smoke take? Probably a lot for someone only starting out on rollies, not so much for a seasoned roller, but still a decent amount of focus required. Is it illegal in the law books? no.

[DJM83]

Originally Posted by flappist

Exactly my point.

It has always, well at least since I have been driving which is 37 years, unlawfull to drive without due care.
The problem has been "what is due care" and prior to the world of backyard lawyers and amateur judge judy clones common sense on behalf of the Police prevailed.

Now that the Police have been "public servantised" and are not allowed to make a decission based on their own judgement and MUST follow the book, e.g. BAC of 0.049999 but driving eratically is allowed while BAC of 0.050000 and driving perfectly is a horendous crime, we have a "though shalt not touch a phone" law to reduce the necessary level of capability required to assess a situation in order to attain a conviction. e.g. Touch the answer button on the phone attached to the dash and you are stuffed, fiddle with your ICC for 20 minutes sorting through 10,000 songs to make a playlist.......no laws being broken there.

And i can press phone on my headunit, then scroll through 200 numbers to find the person i want then call them, because that it a hell of a lot safer....

[joolz]

Originally Posted by superyob

You don't need to give as much attention to a radio or even look at it to perform a function. Completely different to complex mobile phone functions...

Should have made my point clearer. There have been distractions in the car for decades in regards to radios, 8 track players, cassette players and CD players. But now we also have MP3 players and IPod integration with the ICC units. Yet all these are still legal to use while driving. I never suggested using a phone while driving but laying in the console is considered illegal in Vic..

What's next to top up the Gov coffers. Illegal to look at or touch anything except for steering wheel, gear stick, speedo, mirrors and the road..

Don't scratch your ear as the cops might think its a phone. You have to prove that in court...

[Phil B]

Originally Posted by joolz

What's next to top up the Vic Gov coffers? Illegal to look at anything except for the speedo

Fixed it for you!

[prydey]

Originally Posted by MAD

I used to roll my ciggies, while driving, on the way to Uni in the city from Noble Park (50mins - 1hr drive), for 3 years. Never once came close to having an accident. I blame my lack of becoming a statistic on choosing my moments.

How much attention does rolling a smoke take? Probably a lot for someone only starting out on rollies, not so much for a seasoned roller, but still a decent amount of focus required. Is it illegal in the law books? no.

not exactly. like flappist mentioned earlier, the 'driving without due care' and possibly even 'not having proper control of a motor vehicle' cover a whole range of areas. it was up to the discretion of the officer. they could still deem you to be performing an illegal operation.

[MAD]

Originally Posted by prydey

not exactly. like flappist mentioned earlier, the 'driving without due care' and possibly even 'not having proper control of a motor vehicle' cover a whole range of areas. it was up to the discretion of the officer. they could still deem you to be performing an illegal operation.

Exactly. They can do that now too.
There's no need to detail every item that cannot be operated while driving a vehicle.

If they begin to detail items, then is it not safe to assume that any items not detailed, are safe to use?

A slippery slope indeed.

[aussie muscle]

Originally Posted by joolz

Yet cars have had radios or even 8 tracks decades ago and legally allowed to touch the buttons!! As soon as its a phone with media its illegal to even have it sitting in the console (Vic law).

What about cars with built in phones (you know it's coming)?

[FGII-XR6]

Originally Posted by aussie muscle

What about cars with built in phones (you know it's coming)?

It will be illegal to drive it as the car will be 1 big phone and you can't touch or manipulate the phone

[Silver Ghia]

I think they will get to a point where use of phones whether hand held or hands free, is illegal. There have been mentions of that here in Vic.

I can often tell when the driver in front is on the phone, the speed suddenly becomes slower and erratic, sometimes they move to one side and the other in their lane. Their thoughts are on what they are discussing, not the road and traffic around them. Then its all back to normal again when they hang up.

[Jason[98.EL]]

the samsung s2 has a voice function that all you have to do is say what you want to do and all the phone functions work as though you are touching the screen

ie I want to call my wife i say speaker phone when i hear the dial tone I say call Helen Mobile the call will be connected via speaker phone

Jason

[flappist]

Originally Posted by aussie muscle

What about cars with built in phones (you know it's coming)?

Been here for 20 years. My brothers BMW 740i had a built in GSM phone complete with handset and at the time was exempt from the whole "phone laws" thing as it was original equipment.

[XBROO]

My Navara has bluethooth handsfree, you can ring, send messages, answer calls and sms all by voice.