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Quoroom Forum (15 Dec 2008)
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Tell us what you learnt today?
- sozzled
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That's strange. I presume (filling in the gaps) it's the fact that you have your mobile phone on your lap, while you're driving in a car (whether or not you might be using the phone's inbuilt hands-free speaker feature) that's not allowed. Does this also include car passengers who may have a mobile phone resting on their laps?I learned that you cant have your mobile on your lap on loudspeaker. I thought that was fairly and completely hands free but no........... it is not apparently.
What if the phone is not on you (the driver), personally? Does that make a difference to whether you're using the phone's built-in speaker feature or not? If you happen to have it, Annie, I'm interested to see a reference to the opinion on that.
If you think I'm wrong then say "I think you're wrong". If you say, "You're wrong", how do you know?
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- Memsahib
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cheers
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- Annie
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What if the phone is not on you (the driver), personally? Does that make a difference to whether you're using the phone's built-in speaker feature or not? If you happen to have it, Annie, I'm interested to see a reference to the opinion on that.
I was handed this paper on the subject after recieving my fine :
300: use of mobile phones by drivers.
use of a mobile phone includes the following:
holding a phone whether or not engaged in a phone call
writing sending or reading a text message
turning the phone on or off
operating any other function of the phone
now, I obviously answered the phone by any key answer, I did not make the call, but because I had the phone on my lap he booked me. I was stationary on a motorway on my way to work. The police bike appeared at my driver side window and scared me I must say. This also coincided with mobile phone blitz day. I saw on the news they caught 100 drivers that day. I used to have a hands free device in my other car, oh well...........thats life.
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- stormyfeathers
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- sozzled
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Actually, I think you may have a case that you can dispute. If you are a member of NRMA you can ask them for free legal advice and representation (if they think there's a chance you might win) because of the following circumstances:300: use of mobile phones by drivers.
use of a mobile phone includes the following:
holding a phone whether or not engaged in a phone call
writing sending or reading a text message
turning the phone on or off
operating any other function of the phone
now, I obviously answered the phone by any key answer, I did not make the call, but because I had the phone on my lap he booked me. I was stationary on a motorway on my way to work. The police bike appeared at my driver side window and scared me I must say. This also coincided with mobile phone blitz day. I saw on the news they caught 100 drivers that day. I used to have a hands free device in my other car, oh well...........thats life.
1. Your car was stationary - however, if you're stopped at a set of traffic lights, that doesn't count. You're supposed to pull off the road if you want to operate a mobile phone.
2. You were not holding a phone by any standard normal English definition of the term
3. You were not sending or reading a text message
4. You were not operating the phone - I think it's a bit ruthless to expect to be fined if the car was stopped and you merely pressed the Answer key, but the NRMA might give you a different legal opinion and I'm sure that a magistrate would consider those to be mitigating circumstances in imposing a penalty.
I looked up the NSW Road Rules: Rule 300 states: Use of mobile phones by drivers (except holders of learner or provisional P1 licences)
(1) The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a mobile phone that the driver is holding in his or her hand while the vehicle is moving, or is stationary but not parked, unless the driver is exempt from this rule under another law of this jurisdiction.
The rule goes on to define that provisional and learner drivers cannot use a mobile phone in a car even with hands-free.
If it were me, I'd talk to the motorist's organisation and ask them what options I had and what might be a likely outcome. It may be, as you have said, yield to the stronger power ... but sometimes things are worth defending if only for the principle.
The maximum penalty is a $243 fine plus the loss of 3 demerit points; $324 and 4 demerit points if it occurs in a school zone.
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If you think I'm wrong then say "I think you're wrong". If you say, "You're wrong", how do you know?
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I've spoken in past years about what ANZAC Day means to me. I regard it as a more significant day for the nation than Australia Day.
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