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Thread: there you go...

  1. #1
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    there you go...

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  2. #2
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    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.

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    Quote Originally Posted by Barefoot Dave View Post
    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.

  4. #4
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    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.
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    If the facts have been correctly reported it should make for an interesting court case


    ...

  6. #6
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    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."
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    If in the hands at all...
    That's fair, I reckon.
    Dave.








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

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    Bugger!!! I am not the only confused by the laws, read THIS article

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

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    Quote Originally Posted by p38arover View Post
    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).

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    Quote Originally Posted by d3syd View Post
    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
    Our Land Rover does not leak oil! it just marks its territory.......




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