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Thread: using your phone as a GPS in your car- Unlawful

  1. #1
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    using your phone as a GPS in your car- Unlawful

    Strict new road rules relating to the use of mobile phones by drivers are threatening to kill the burgeoning market in apps and services that enable smartphones to be used as satellite navigation systems.
    The legal changes will affect iPhones that use apps made by TomTom, Navigon and Sygic; Nokia phones using its Ovi Maps; Telstra phones using its Whereis Navigator GPS service and any other service or software that enables a mobile phone to be used as an in-car navigation device.
    Victoria will roll out the new rules, which will limit drivers' use of mobile phones and satellite navigation devices, on November 9.
    A spokesperson for VicRoads, the Victorian Government's roads and traffic authority, said that under the laws - as applied in Victoria - it would be illegal for drivers to navigate using a mobile that doubles as a satellite navigation device.
    "A phone will only be allowed to be used for its primary purpose," the spokeswoman said in a telephone interview. "If it's a phone, it's a phone."
    The rules are part of the Australian Road Rule 8th Amendment Package, a set of road and traffic laws that were approved by all state and territory Road Ministers in February.
    The iPhone voice-activated, turn-by-turn navigation apps produced by TomTom and Navigon sell for $99.99. The Sygic app costs $79.99.
    All are sold through Apple's online App Store but none warn prospective buyers about the coming changes to the road rules, which could dramatically lower their utility.
    TomTom's app was launched last month and is already the Australian Apple App Store's biggest grossing app.
    The company plans to begin selling a bespoke car kit to cradle the TomTom-enabled phone from next month.
    TomTom Australian marketing manager Chris Kearney said that the new Victorian laws would not stop the sale of the app.
    "What we are seeing just reinforces our safety message around [the fact that] you must use a mounted device [the car kit] in a car and not interact with the device whilst you are driving," he said. "Essentially, it's about using the device in a correct manner."
    The basic Nokia Ovi Maps service is free with the voice-guided car navigation service as part of a premium service.
    Telstra's Whereis Navigator is a subscription satellite navigation service.
    "Telstra is planning for the introduction of the new road rules in Victoria and we are currently in discussions with VicRoads," a Telstra spokeswoman said in an email.
    "Telstra will communicate directly with its customers should these changes affect the way in which Whereis Navigator can be used."
    The new laws prohibit a driver from even holding a mobile phone, cradling one on their shoulder or resting it on their laps - even if the phone is not in use.
    Drivers will only be able to use mobile phones if they are placed in purpose-made cradles and operation is entirely hands-free.
    Those caught breaking the new Victorian laws face a $234 fine and the loss of three demerit points.
    VicRoads says research has shown that a driver is four times more likely to crash while using a mobile phone.
    In Victoria, the act of driving while using a mobile ranks among the state's top three driving offences.
    A spokeswoman for the NSW Roads and Traffic Authority said the RTA was "still working through practical issues" and was unable to say when the harmonised laws would come into effect in NSW.
    "NSW road rules are based on the Australian Road Rules to ensure uniformity with road rules elsewhere in Australia," she said in an emailed statement.
    "States and territories are not compelled to implement Australian Road Rules."


    Also mounting of a GPS in the middle of the Screen in a no no.


    Brisbane Times
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    Do you know the safest place to attach a GPS to your windscreen?

    Date February 27, 2012

    Darren Cartwright






    The next Queensland government must stop drivers from putting GPS units in their field of vision, says the RACQ.
    The motoring body says there has been a lack of education for motorist on how to legally fix them on a windscreen.
    "There is little doubt that poor placement of a GPS device can, and has, led to crashes in Queensland," Spokesman Paul Turner said.
    "If they are put in the wrong place, it can certainly lead to crashes and serious injury or death.
    "We don't think there has been enough education on where people should place their GPS."
    In 2011 Queensland police fined 84 motorists for driving without a clear view in all directions, which carries a $233 penalty.
    But police could not say if any fines were for poorly placed GPS units.
    Senior Sergeant Jeff Douglas said he was concerned about drivers restricting their vision with the gadgets.
    "People throw it right in front of their eye line under their rear vision mirror," he said.
    "The problem ... is that if you had a child on a bicycle at about bonnet line, you can't see in front of your bonnet.
    "The bottom right-hand corner as low as possible on your windscreen is where it should be placed."
    Mr Turner said the vast majority of motorists were ignorant of the laws prohibiting the placement of GPS units in the middle of a windscreen.
    "Every taxi driver I've seen has it in the wrong place," Mr Turner said.
    He said the government should start an awareness campaign.
    "It really is an issue of ignorance rather than people flouting the law.
    "Most people think they are doing the right thing by putting it in the middle of the windscreen because they don't have to move their head, but in fact that is the wrong place to put it," he said.
    AAP


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    Rightly so to. GPS's need a warning on them - 'if you're a ****wit that has no idea where you're going, then you shouldn't be using this'

    I can't believe the amount of people that blindly follow the directions even though they may be wrong, or the destination has been incorrectly selected. You should at least have a slight idea about where you're trying to get to - even if that's just north, South, East or west...
    If you need to contact me please email homestarrunnerau@gmail.com - thanks - Gav.

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    Must be a slow news week those have been the rules for a while in NSW. Bit of scare mongering as well, all is ok if you use a purpose made holder and do not touch the phone

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    Never used one, never will.

    I plan where I'm going before I leave.

    If I'm in unchartered territory I consult a map, a refidex, or talk to the local publican.

    I still think many people have a fixation with electronic devices and love pressing buttons.
    Last edited by ramblingboy42; 6th December 2014 at 05:40 AM. Reason: changed one word so as not to upset too many readers

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    But I like being told where to go by the sexy voiced bitch inside my Navman.

    I think she likes me...............

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    Yawn.

    You will notice that they said you can use it as a GPS unless it is mounted in a car kit (phone holder).

    This just brings the GPS use laws in to line with the phone use laws, and stops everyone saying "I wasn't on the phone, I was using the GPS function".

    I would love to see fines for GPSs blocking drivers view enforced - about time!

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    Quote Originally Posted by FeatherWeightDriver View Post
    I would love to see fines for GPSs blocking drivers view enforced - about time!
    Still not blocked as much as the A-Pillars on modern cars. Or tyres on the bonnet on Land Rovers

    Jeff


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    Since Australian law takes precedence from English law, there is a little known legal case involving a Land Rover, that could be used to overturn these laws.

    England once had separate speed limits for agricultural vehicles and for cars.

    What was the Land Rover? A farmer was fined for exceeding the agricultural speed limit. The case went to court and the court decided that the Land Rover was a dual purpose machine and could straddle the two categories.

    Come forward some decades, and using the same precedent you could argue that the modern phone is a dual purpose machine, both a communications device and a navigational aid.

    This was argued by some celebrity girl in NSW a few years ago, but without reference to the legal precedent, and she lost the case.

    I'm no lawyer, just a speculative Land Rover fan. But I reckon a legal precedent should always help win or overturn a decision.

    I think someone should make this into a high profile case, and the legal team should arrive in court in Defenders, since they'll be Defending the public's rights. It can all be sponsored by Land Rover - this could mark the begining of Advertising Litigation - where companies start cases to promote their product.

    okay, maybe not the last paragraph....

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    Quote Originally Posted by THE BOOGER View Post
    ...all is ok if you use a purpose made holder and do not touch the phone
    I carry a soft and hard copy of the current valid legislation in Victoria about mobile phones in holders. Anyone is welcome to grab a copy and print it from here https://www.dropbox.com/s/o3tk2msu7v...s.pdf'dl=0
    Regards, Will

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    Quote Originally Posted by Michael2 View Post
    I think someone should make this into a high profile case, and the legal team should arrive in court in Defenders, since they'll be Defending the public's rights. It can all be sponsored by Land Rover - this could mark the begining of Advertising Litigation - where companies start cases to promote their product.

    okay, maybe not the last paragraph....
    Don't encourage them, lawyers don't need more money and who would pay for it? Either new car buyers or taxpayers or both.

    Jeff


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