Thread: Police officer fined for texting behind the wheel

Originally Posted by Tombie

Just remember - the person taking the picture has also committed the same offence..

You sure of that? Even I carry a small digital camera in the car because it's legal to use on the move.

Originally Posted by bee utey

You sure of that? Even I carry a small digital camera in the car because it's legal to use on the move.

Yep.. look at the resolution and the photo itself, that's a phone lens

............and then there's this!!!!!!!!!!!!!
The $365 jetty fine that left boatie baffled | Sunshine Coast Daily

I was aware of this but still think it's s bit harsh. Also, I wonder how he his behavior was? May or may not have been a factor.
Steve

Originally Posted by Saitch

............and then there's this!!!!!!!!!!!!!
The $365 jetty fine that left boatie baffled | Sunshine Coast Daily

I was aware of this but still think it's s bit harsh. Also, I wonder how he his behavior was? May or may not have been a factor.
Steve

I WOULD FIGHT THIS ONE To me its just bastardization and revenue raising or total misunderstanding of the law and or regulations on the police officer's part
Queensland Consolidated Regulations

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Transport Operations (Road Use Management—Road Rules) Regulation 2009 - SECT 267

267 Exemptions from wearing seatbelts 267 Exemptions from wearing seatbelts

(1A) A person in or on a motor vehicle is exempt from wearing a seatbelt if—

(a) the seating position that the person occupies is not fitted with a seatbelt; and

(b) there is no requirement for that seating position to be fitted with a seatbelt; and

(c) all passengers in the vehicle who are exempt from wearing a seatbelt are complying with subsection (8).

(1 Subsection (1A) does not apply to a person who is under 7 years old.

(1C) To remove any doubt, it is declared that subsection (1A) does not authorise a passenger to whom section 266(3) or (3A) applies to occupy a seat in the front row of seats in a vehicle that has 2 or more rows of seats.

(2) A person in or on a motor vehicle who is 7 years of age or older is exempt from wearing a seatbelt if—

(a) the person is engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, and is required to get in or out of the vehicle, or on or off the vehicle, at frequent intervals; and

(b) the vehicle is not travelling over 25km/h.

(3A) A person is exempt from wearing a seatbelt if—

(a) the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) is carrying a certificate that—

(i) is signed by a doctor; and

(ii) states that, in the opinion of the doctor, the person should not wear a seatbelt due to the person's medical condition; and

(iii) displays a date of issue; and

(iv) displays an expiry date that is a date not more than 12 months after the date of issue; and

(v) has not expired; and

(b) the person is complying with any conditions stated in the certificate.

(4) However, a person is not exempt under subsection (3A) if the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) does not immediately produce the certificate mentioned in the subsection for inspection when a police officer asks the person (or the driver) whether the person is exempt from wearing a seatbelt.

(5) A person is exempt from wearing a seatbelt if—

(a) the person is a passenger in or on a police or emergency vehicle; and

(b) either—

(i) if the vehicle has 2 or more rows of seats—the person is not in the front row of seats or there is not a seating position available for the person in another row of seats; or

(ii) if the vehicle is a police vehicle and has a caged, or other secured, area designed for the carriage of passengers—the person occupies a seating position in that area.

(6) A person is exempt from wearing a seatbelt if the person is providing or receiving medical treatment of an urgent and necessary nature while in or on a vehicle.

(7) If a truck or bus has a sleeper compartment, a two-up driver of the truck or bus is exempt from wearing a seatbelt while the two-up driver occupies the sleeper compartment for rest purposes.

(8) If a vehicle does not have approved seatbelts or approved child restraints fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under this section must not occupy—

(a) a seating position that is fitted with an approved seatbelt; or

(b) an approved child restraint;

if the result would be that a passenger who is not exempt from wearing a seatbelt under this section would be required to occupy a seating position that is not fitted with an approved seatbelt or an approved child restraint.

(8 A passenger on a bus is exempt from wearing a seatbelt while the passenger is—

(a) a standing passenger mentioned in the Transport Operations (Passenger Transport) Standard 2010, section 11(2)(c) and (d); or

(b) entering or leaving the bus.

(8C) A passenger on a booked hire vehicle, bus, taxi or tow truck is exempt from wearing a seatbelt if—

(a) the passenger is less than 1 year old; and

(b) no suitable approved child restraint is fitted and available for use by the passenger; and

(c) if the booked hire vehicle, bus, taxi or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats; and

(d) the passenger is seated in the lap of another passenger who is 16 years of age or older; and

(e) if the vehicle is a tow truck—the person is a passenger in the tow truck because the vehicle in which the person was a passenger is being towed.

(8D) To remove any doubt, it is declared that subsection (8C) does not limit the exemption given to—

(a) a driver of a bus in relation to a passenger under section 266(1); or

(b) a driver of a booked hire vehicle or taxi in relation to a passenger under section 266(5).

(9) In this section—

two-up driver, for a vehicle that is a bus or truck, means a person accompanying the vehicle's driver on a journey or part of a journey, who has been, is or will be, sharing the task of driving the vehicle during the journey.

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Originally Posted by hodgo

I WOULD FIGHT THIS ONE To me its just bastardization and revenue raising or total misunderstanding of the law and or regulations on the police officer's part
Queensland Consolidated Regulations

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

---

Transport Operations (Road Use Management—Road Rules) Regulation 2009 - SECT 267

267 Exemptions from wearing seatbelts 267 Exemptions from wearing seatbelts

(1A) A person in or on a motor vehicle is exempt from wearing a seatbelt if—

(a) the seating position that the person occupies is not fitted with a seatbelt; and

(b) there is no requirement for that seating position to be fitted with a seatbelt; and

(c) all passengers in the vehicle who are exempt from wearing a seatbelt are complying with subsection (8).

(1 Subsection (1A) does not apply to a person who is under 7 years old.

(1C) To remove any doubt, it is declared that subsection (1A) does not authorise a passenger to whom section 266(3) or (3A) applies to occupy a seat in the front row of seats in a vehicle that has 2 or more rows of seats.

(2) A person in or on a motor vehicle who is 7 years of age or older is exempt from wearing a seatbelt if—

(a) the person is engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, and is required to get in or out of the vehicle, or on or off the vehicle, at frequent intervals; and

(b) the vehicle is not travelling over 25km/h.

(3A) A person is exempt from wearing a seatbelt if—

(a) the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) is carrying a certificate that—

(i) is signed by a doctor; and

(ii) states that, in the opinion of the doctor, the person should not wear a seatbelt due to the person's medical condition; and

(iii) displays a date of issue; and

(iv) displays an expiry date that is a date not more than 12 months after the date of issue; and

(v) has not expired; and

(b) the person is complying with any conditions stated in the certificate.

(4) However, a person is not exempt under subsection (3A) if the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) does not immediately produce the certificate mentioned in the subsection for inspection when a police officer asks the person (or the driver) whether the person is exempt from wearing a seatbelt.

(5) A person is exempt from wearing a seatbelt if—

(a) the person is a passenger in or on a police or emergency vehicle; and

(b) either—

(i) if the vehicle has 2 or more rows of seats—the person is not in the front row of seats or there is not a seating position available for the person in another row of seats; or

(ii) if the vehicle is a police vehicle and has a caged, or other secured, area designed for the carriage of passengers—the person occupies a seating position in that area.

(6) A person is exempt from wearing a seatbelt if the person is providing or receiving medical treatment of an urgent and necessary nature while in or on a vehicle.

(7) If a truck or bus has a sleeper compartment, a two-up driver of the truck or bus is exempt from wearing a seatbelt while the two-up driver occupies the sleeper compartment for rest purposes.

(8) If a vehicle does not have approved seatbelts or approved child restraints fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under this section must not occupy—

(a) a seating position that is fitted with an approved seatbelt; or

(b) an approved child restraint;

if the result would be that a passenger who is not exempt from wearing a seatbelt under this section would be required to occupy a seating position that is not fitted with an approved seatbelt or an approved child restraint.

(8 A passenger on a bus is exempt from wearing a seatbelt while the passenger is—

(a) a standing passenger mentioned in the Transport Operations (Passenger Transport) Standard 2010, section 11(2)(c) and (d); or

(b) entering or leaving the bus.

(8C) A passenger on a booked hire vehicle, bus, taxi or tow truck is exempt from wearing a seatbelt if—

(a) the passenger is less than 1 year old; and

(b) no suitable approved child restraint is fitted and available for use by the passenger; and

(c) if the booked hire vehicle, bus, taxi or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats; and

(d) the passenger is seated in the lap of another passenger who is 16 years of age or older; and

(e) if the vehicle is a tow truck—the person is a passenger in the tow truck because the vehicle in which the person was a passenger is being towed.

(8D) To remove any doubt, it is declared that subsection (8C) does not limit the exemption given to—

(a) a driver of a bus in relation to a passenger under section 266(1); or

(b) a driver of a booked hire vehicle or taxi in relation to a passenger under section 266(5).

(9) In this section—

two-up driver, for a vehicle that is a bus or truck, means a person accompanying the vehicle's driver on a journey or part of a journey, who has been, is or will be, sharing the task of driving the vehicle during the journey.

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[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

If they really were serious about revenue raising thy should police shopping centre and supermarket and Bunnings car parks, where traffic rules also apply, they could make a fortune on the non use of indicators.

Originally Posted by Saitch

............and then there's this!!!!!!!!!!!!!
The $365 jetty fine that left boatie baffled | Sunshine Coast Daily

I was aware of this but still think it's s bit harsh. Also, I wonder how he his behavior was? May or may not have been a factor.
Steve

Hard to say what his behaviour was like before he got that, but I could hazard a guess as to what it was like after....

Spot on Hodgo.. same rules in SA

Originally Posted by Tombie

Just remember - the person taking the picture has also committed the same offence..

police probably sent out 2 fines that day.


imho, its never ok to use a phone while driving. police officer or not. its a distraction plain and simple.