(d) operating any other function of the phone.

This is where the problem is, as a phone can be used as a GPS and if it's in a cradle (or cup holder in my case) there is no difference but it seems like some cops are jumping the gun and writing fines for any interaction with a phone.

Quiet often I'd use my phone with a loud speaker with the phone sitting in the cup holder (not much difference to the hands free kit) but will not be surprised if I get done one day, these would be quick conversations such as "I'll be there in 5 minutes" or "I'll meat you at ... in half an hour" and stuff like that so pulling over is kinda pointless.

Glad to hear CB radios are legal though...

There were few studies done in relation to driving ability with a hands free kit and a hand held phone and there was not much difference between the two, and before some jump and say see you should not be using the phone at all while driving there was also not much difference between talking on the phone and talking to a person next to you, wonder if talking in the car will be illegal completely in 20-30 years.

297 Driver to have proper control of a vehicle etc

(1) A driver must not drive a vehicle unless the driver has proper control of the vehicle.

Maximum penalty: 20 penalty units.

I.B.

So how do you have proper control of a vehicle whilst talking into a C.B Radio. I'm not against C.B's by any means, I am however against a law that says I cannot use my mobile as a GPS while sitting in it's cradle. The Law and Justice will remain blind as long as it classes using a C.B radio while driving safe and legal and then looks upon using a mobile phone as a GPS device housed in some form of cradle or docking station as not safe and illegal.

As for emergency vehicles, how can it be justified that during an emergency situation where the driver is driving outside of normal driving conditions such as extra speed, more continuous lane changes, and going through intersections and red lights etc with adrenalin racing, that they should be exempt from these laws. I am sure that all emergency service personal go through specific driver training. But do they train while holding a 2-way radio, or C.B unit or mobile phone? I don't know?

Surely driving in the manner that is sometimes needed and required in these fields puts others at risk if they have one hand on the steering wheel.

Is it an option that when they do not have a partner / passenger with them that even they must be connected to a hands free device?

Brad

It doesnt need to be an emergency for the exemption to aplly to them. I dont think there would be too many occasions, where "extra speed, more continuous lane changes, and going through intersections and red lights etc with adrenalin racing" that a phone would be used or needed to be used at the same time. There focus would be getting from A to B, to help we the public, and not about getting there footy tips in on time.

I.B.

While it's slightly off topic,

either way whether it is during an emergency or not, I don't see why they should have the exemption. To say because they are trained and it is part of their job role just means other people that have a job which requires them to drive should be exempt also.

IMO it doesnt matter how well you drive what training you have done and how often you do it, you are just as human as everyone else out there behind a wheel where anything can happen and mistakes can be made, and whether you drive a police car, ambulance, fire truck, or any other vehicle, driving with one hand on the steering wheel increases your chance of having or causing an accident hence why it is an offence to use a mobile phone.

Brad

I agree....

I also agree with this.....

....It is unfortunate when we are caught committing any offence no matter how minor but if we don't follow the rules then we slide into anarchy and then no one is safe....

From a post removed from this thread (by request)....and to bloody good of a line to let it go to waste...

Although.....If we don't break the rules we wouldn't need them in the first place....

I have several friends who are cops and will not write tickets for mobile phone offences unless they are driving badly.

If it was me, I would book everyone, as it is a pet hate seeing people weaving all over the road while engaged in conversation.

However, I am sure you could easily test the law if you were using the other functions of the phone, such as GPS/MP3 functions.

...or if 'we' didn't vote-in these farkin idiots running the joint in the first place to make the stupid bloody rules

Got pulled over and warned last week, irony was I was talking to a cop about a break-in at work and was going through my phone to get a number for him while sitting at the lights. Old-mate that pulled me over then proceeded to have a convo with the other cop while I'm just sitting there looking like a tool surrounded by pretty lights.

I now only use the gps when my wife is in the car, loss of points, plus fine, PLUS legals, my solicitor assured me I would get off but he was as dumb found as I was. My problem is in the fact I wasn't touching it, it was in the cradle, and it had the GPS locator saying turn left in 200m, repetedly while I was being booked. I'm sorry, but to me if that's illegal, so is turning on/off a radio, flashing lights, siren, cagarette lighter, anything that requires the removal of ones eyes from the road, or hands from wheel, windows up/down, adjust mirror... it's all bull.

But I copped it sweet, now just a little sour over it.

I totally agree

I can guarantee it takes less effort for me to send an email/sms or use the GPS on my phone than it does to scroll through the ICC/ipod searching for the next tune.

I’m all for getting rid of distractions to make the road safer, but it’s a bit over the top in allot of circumstances. And I get the impression it’s one of those things that certain cops will adopt as a pet-hate and enforce it right to the letter (but beyond the spirit) of the law.

What’s funny is apparently it’s OK to use a laptop while driving, or was at least up until recently.

I now only use the gps when my wife is in the car, loss of points, plus fine, PLUS legals, my solicitor assured me I would get off but he was as dumb found as I was. My problem is in the fact I wasn't touching it, it was in the cradle, and it had the GPS locator saying turn left in 200m, repetedly while I was being booked. I'm sorry, but to me if that's illegal, so is turning on/off a radio, flashing lights, siren, cagarette lighter, anything that requires the removal of ones eyes from the road, or hands from wheel, windows up/down, adjust mirror... it's all bull.

Solicitors are no different to any other tradesman. They get paid for the work done, and the most that is done is at court, where you wil definately pay pay pay. They know they cant and wont win everything, so a few losses to them is trivial, as you still have to pay pay pay. They do not keep count and publish them on the internet, but they probably should. To much blind faith and cash is waisted on them.

I’m all for getting rid of distractions to make the road safer, but it’s a bit over the top in allot of circumstances. And I get the impression it’s one of those things that certain cops will adopt as a pet-hate and enforce it right to the letter (but beyond the spirit) of the law.

When driving around like everyone else here does dont you develop your own pet hate? Mines the not keep left on the freeways and u-turners at traffic lights, which you lot get away with.

I.B.