PDA

View Full Version : there you go...



incisor
19th June 2012, 08:35 AM
Victoria Police Issues Fines For Using Google Navigation System - Channel News (http://www.channelnews.com.au/Automotive/Navigation/E3F9L7H8)

Barefoot Dave
19th June 2012, 08:43 AM
The only logical explanation for being stopped in the first place would be if the author was holding the phone in their hand at the time of observation.
On the back foot, then.
The details and following precedent will prove interesting.
Thanks Dave.

d3syd
19th June 2012, 10:05 AM
The only logical explanation for being stopped in the first place would be if the author was holding the phone in their hand at the time of observation.
On the back foot, then.
The details and following precedent will prove interesting.
Thanks Dave.

Yes I agree. Basically if the GPS was mounted then he should be able to win that one in court. But if he was holding it in his hand, he has a problem...... although if there isn't a law that specifically says you can't use a hand held GPS while driving, he might have a chance.

p38arover
19th June 2012, 10:18 AM
Hmm, have an old iPhone 3G with a SIM card that came out of my USB modem and thus only has data. It's not used for phone calls, only for apps, including navigation. I wonder if I could argue it is not a phone.

The SIM card gets moved to the modem when I take my netbook away on trips.

87County
19th June 2012, 10:49 AM
If the facts have been correctly reported it should make for an interesting court case


...

Ferret
19th June 2012, 11:14 AM
Here is what the coppers say in WA - if your phone is not in a cradle and in use for whatever reason, you can be done.


Specialist Enforcement and Operations Acting Assistant Commissioner Michelle Fyfe said. “It really is simple - if the mobile phone is not in a cradle and is being held to the ear, is in the hand and being used to make or receive a call, is being used to listen to messages or music, or is being used as a GPS device – then the driver is committing an offence."

Look – no hands, see page 6 (http://www.newsbeat.police.wa.gov.au/issues/archive/newsbeat1101.pdf)

Barefoot Dave
19th June 2012, 02:26 PM
If in the hands at all...
That's fair, I reckon.
Dave.








Although, they didn't specify texting............. ; ))

Chucaro
19th June 2012, 03:55 PM
Bugger!!! I am not the only confused by the laws, read THIS (http://www.amta.org.au/articles/Drivers.confused.over.GPS.laws) article :confused:

Quote:
It is a different picture in Victoria, where transport officials recently lifted the ban on using mobiles for route navigation.

ugu80
19th June 2012, 05:00 PM
Hmm, have an old iPhone 3G with a SIM card that came out of my USB modem and thus only has data. It's not used for phone calls, only for apps, including navigation. I wonder if I could argue it is not a phone.

The SIM card gets moved to the modem when I take my netbook away on trips.
Ron, the term 'hand held mobile phone' (in law) is a description to identify the type of implement. Whether or not there is a sim card is irrelevent. It is illegal to use any function of that implement (i.e. mobile phone) whilst driving (NSW Supreme Court decision).

dullbird
19th June 2012, 08:13 PM
Yes I agree. Basically if the GPS was mounted then he should be able to win that one in court. But if he was holding it in his hand, he has a problem......
although if there isn't a law that specifically says you can't use a hand held GPS while driving, he might have a chance.

I think it might say mobile device....not mobile phone which would cover a hand held GPS I think if it was in his hand...

not 100% sure on that though

Bushie
19th June 2012, 08:28 PM
Australian Road Rules

300 Use of hand-held mobile phones
(1) The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a hand-held mobile phone 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.
Offence provision.
Note Emergency vehicle, park and police vehicle are defined in the dictionary.

dullbird
19th June 2012, 08:41 PM
thanks bushie..

There you go I'm full of poo poo again :D

flagg
19th June 2012, 08:56 PM
I use my ipod touch. It is exactly the same as the iphone.. without the phone. When ever I use it to navigate, I wonder if this will be the trip that I get to have the argument...

feral
19th June 2012, 09:46 PM
There is no argument to be had.

As per usual with motoring offences, you are guilty as charged 'on the spot' and it's up to you to prove your innocence. Whether you chose to contest the offence through the courts is the $$$ question.

Thats the reason why we just bend over and accept.