Talking on mobile phone, stop on side of road, still get ticket! VICTORIA. - Page 2

gtxb67 · 07-11-2011, 10:26 PM

Quote:

Originally Posted by Big Damo

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

who has said that it is

Auslandau · 07-11-2011, 10:28 PM

Quote:

Originally Posted by gtxb67

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

That's the point ...... I did say I didn't think it was illegal and 97.8% would probably think the same. That's what makes the ruling, if it happened as stated, totally over the top and another absolutely stupid, unnecessary and pathetic interpretation of a law

Ben73 · 07-11-2011, 10:29 PM

Quote:

Originally Posted by Scott

must not be within X metres with the keys if you might be over the limit.

That's a real law?

EDManual · 07-11-2011, 10:29 PM

Quote:

Originally Posted by gtxb67

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

Why do you care so much what is illegal or not! Who cares, these laws are just rubbish.

Would you close your eyes while driving if you were told you had to by the GOVT? And if someone would get a fine for opening them you would say "your bad cos your illegal!"?

Some laws are just rubbish. Dont know how many people here can think otherwise and that anyone should abide by them!

ConradP · 07-11-2011, 10:30 PM

I'd like to know how the police knew the car was on when driving along..

EDManual · 07-11-2011, 10:30 PM

Also she got a fine while driving, she was told by the ticket office about these other people that are getting fined for sitting there with engine running, and yet parked safely.

gtxb67 · 07-11-2011, 10:32 PM

Quote:

Originally Posted by EDManual

Why do you care so much what is illegal or not! Who cares, these laws are just rubbish.

Would you close your eyes while driving if you were told you had to by the GOVT? And if someone would get a fine for opening them you would say "your bad cos your illegal!"?

Some laws are just rubbish. Dont know how many people here can think otherwise and that anyone should abide by them!

did you read the post I quoted

i also posted earlier that if you mum pulled over safely and in a considerate manner, then she was harshly treated

69Mach1 · 07-11-2011, 10:35 PM

I heard the same thing happen in Sydney a few days ago..stopped safely, engine running, fined. Crazy but true.

But geez, if you want to talk and drive get hands free....???

Auslandau · 07-11-2011, 10:38 PM

Quote:

Originally Posted by 69Mach1

I heard the same thing happen in Sydney a few days ago..stopped safely, engine running, fined. Crazy but true.

But geez, if you want to talk and drive get hands free....???

....... or just pull over safely and then take the call?

Different though if you pick up the phone and start talking as you are looking for somewhere to park, then stop, then get a fine for driving while talking on the phone? Intention to park while driving I would say would not be a strong defense

Windsor342ci · 07-11-2011, 10:39 PM

Quote:

Originally Posted by Big Damo

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

Well said

joolz · 07-11-2011, 10:42 PM

Its quite simple, the car is not an office whilst driving. I call the person back when i have met my destination unless they keep calling back as if an emergency then i pull over when safe to do so. But yeah if a really hot day i would keep the engine running with AC on as wih window open in traffic you cant hear most calls. If i was fined for that i would be super ****ed.

Scott · 07-11-2011, 10:44 PM

Quote:

Originally Posted by Ben73

That's a real law?

Within 3m of a vehicle is "in the vehicle".... I'm sure there's a better name for it though. Having the keys in the ignition or in your pocket, or within your grasp (ie, not in someone else' hands) puts you in control of it.

Yellow_Festiva · 07-11-2011, 10:47 PM

Quote:

Originally Posted by Scott

Within 3m of a vehicle is "in the vehicle".... I'm sure there's a better name for it though. Having the keys in the ignition or in your pocket, or within your grasp (ie, not in someone else' hands) puts you in control of it.

If true... What an effin joke that is. Have these people not got a dictionary?

|Nate · 07-11-2011, 10:56 PM

I was told that to not be fined for using your phone while driving, you had to pull over, park the car in a safe position, put it in 1st or park with the handbrake on, turn the car off, hop out and then be able to talk.

But if someone rarely calls me while I'm driving, I just plug my phone through the AUX in my stereo and listen through that, it's just like driving with a passenger and I don't get distracted!

You're mum was silly to do what she did, but she received the consequences and I bet she has learned from her actions and will not do it again.

Laws are the laws, and us whining over them won't get them changed. At least not until the minor group which actually does crash on the phone, or while drunk and/or hooning in which the government focuses all their restrictive laws on, ceases to exist.

THAT'S when we'll be able to drive freely!

Scott · 07-11-2011, 11:08 PM

Quote:

Originally Posted by Yellow_Festiva

If true... What an effin joke that is. Have these people not got a dictionary?

Here's a read if you're keen:
http://www.aussielegal.com.au/forum/...4977.htm#54977

joolz · 07-11-2011, 11:15 PM

Quote:

Originally Posted by |Nate

But if someone calls me while I'm driving, I just plug my phone through the AUX in my stereo and listen through that, it's just like driving with a passenger and I don't get distracted!

You're mum was silly to do what she did, but she received the consequences and I bet she has learned from her actions and will not do it again.

Laws are the laws THAT'S when we'll be able to drive freely!

So whilst driving you are able to find the lead and plug it into your phone taking your eyes off the road just to use the aux in the stereo. Yet you rant on about the LAW and then comment on how silly she was for pulling over with eyes on the road at all time.

|Nate · 07-11-2011, 11:21 PM

You obviously did not read the OP, his mum was fined for talking while DRIVING, and she was fined accordingly.

I do not need to explain my method of answering a call while I am driving, but it does not require me taking my eyes off the road for a second.

I did not rant about the law either, I merely stated it's more focused on the minority group that does cause accidents. I wish most laws were actually stricter, I am sick of reading on the news, fools with 20-40 driving charges get only 2 years off their license and a "slap-on-the-wrist" fine, frustrates the living day out of me.

Scott · 07-11-2011, 11:37 PM

Quote:

Originally Posted by |Nate

You obviously did not read the OP, his mum was fined for talking while DRIVING, and she was fined accordingly.

You don't need to be talking on your phone to be done for using it - merely touching it, even if it's off, whilst driving will nett you a ticket.

|Nate · 07-11-2011, 11:39 PM

I didn't know that, that's pretty interesting and quite ridiculous at the same time. Although I can understand a fine if you were staring at your off phone, admiring it's design maybe??

Scott · 07-11-2011, 11:48 PM

Quote:

Originally Posted by |Nate

I didn't know that, that's pretty interesting and quite ridiculous at the same time. Although I can understand a fine if you were staring at your off phone, admiring it's design maybe??

Hah! FWIW, I didn't know that you can touch it IF it is secured in a fixed holder (at least in WA anyway...).

buggo · 07-11-2011, 11:50 PM

Quote:

Originally Posted by joolz

So whilst driving you are able to find the lead and plug it into your phone taking your eyes off the road just to use the aux in the stereo. Yet you rant on about the LAW and then comment on how silly she was for pulling over with eyes on the road at all time.

most likely he has music playing off his phone through his stereo.

I agree with the law about talking on the phone while driving, but if they have clearly made an active, safe effort to get off the road, how can that be fine worthy. If anything, it should be commended.

joolz · 07-11-2011, 11:50 PM

Quote:

Originally Posted by |Nate

I do not need to explain my method of answering a call while I am driving, but it does not require me taking my eyes off the road for a second.

I know using at least 2 hands while driving to plug a phone is againts the law to use hands free.
Infact even having a phone in the console is worthy of a fine which i disagree with.
What my point is that the OP's mother has around 40 years of driving experience and can handle a few second distraction. But then to find out what the majority of us didnt know in regards to car stationary and parked off traffic and engine running whilst on the phone is also illegal. Well this is simply ******** IMO.
Ill be calling my TOG cousin on this one to confirm. But if true the law is set by dicks with passion for revenue and not safety.

|Nate · 08-11-2011, 12:03 AM

Yeah I definitely understand the illegality of me using my phone through my stereo, and yes I do use it for music (I wonder if I could be fined for that? D: )
and I will accept my fine if I am caught doing it, which is rarely ever.

It is simply ridiculous, that a car that is placed in N or P with the handbrake applied is still a danger to causing an accident (Unless parked dangerously which we have dismissed) it's completely unmovable by the operator of the vehicle, therefore the grounds in which these laws are based, are really flawed.

I think we all have our own stances on the revenue raising agenda of our governments, what shocks me more is some of the absolute hypocritical and contradictory laws that we still have in place.

xisled · 08-11-2011, 01:19 AM

In Victoria, the car must be turned off.

A few years ago if I remember they even had a safety campaign about this, in the add it said the car must be turned off.

NEEDspeed · 08-11-2011, 01:35 AM

Why do I always have to read the responses when a thread like this comes up? I can hear the steam from my ears now...

ILLaViTaR · 08-11-2011, 02:11 AM

Quote:

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

They're fining people who are safely parked just due to the engine being running, read his post. Nothing dangerous about that.

ILLaViTaR · 08-11-2011, 02:15 AM

Quote:

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.

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

What about if that car is parked on the side of the road with the engine running? If the car isn't in gear it's no different to the engine being off.

chevypower · 08-11-2011, 02:17 AM

So if you are warming the car up, and you don't have your seatbelt on, do you get a fine for that? What about if you're not actually inside your vehicle while the engine is running? How dangerous!

ILLaViTaR · 08-11-2011, 02:20 AM

Quote:

Originally Posted by chevypower

So if you are warming the car up, and you don't have your seatbelt on, do you get a fine for that? What about if you're not actually inside your vehicle while the engine is running? How dangerous!

Pretty sure you do with the seatbelt. Makes sense seeing as the physics of a 0kmph collision would squash you flat onto the windscreen.

chevypower · 08-11-2011, 02:53 AM

Quote:

Originally Posted by ILLaViTaR

Pretty sure you do with the seatbelt. Makes sense seeing as the physics of a 0kmph collision would squash you flat onto the windscreen.

yes, shutting the engine off will save your life.