jls wrote:Yes well dome Bry
Let me be the first to admit that I have sinned in the past ,working from my car maybe 40 hours plus per week the temptation is great
What exactly is the law, phone in cradle allowed to answer ,hands free ,one button operation ,not allowed to make out calls
A little bit confused ,the doco from work is saying even if the phone is on your lap not in use, your nicked
Btw showed the footage to my nineteen old as a bit of positive reinforcement ,and she could not agree more
Yup, the legislation covers off on the lap in the sense of the line "held by OR resting on any part of your body", ie hand, shoulder, lap...... breast (yes, folks it's been done).
So by the letter of the code if you touch the phone in the cradle you're nicked. Having said that if you reached forward to answer by single push or cease a call then most of us would take no notice. But if you're trying to be a smartarse driving down the road, texting whilst it's in a cradle... guess again.
The message one is the one most are unaware of, you can receive a picture/text/mms NOTIFICATION, but if we see the message displayed on the screen, it's also an offence.
Simple line, if it's in your hand, lap, or body and you're a) looking at it whilst your driving or holding it and talking or b) I'm at your window looking at you doing this, it's an infringement.
And before the argumentative amongst you start mentioning stereo's/hamburgers/drinks/CB's, all that's covered by other code ie careless/fail to have complete control/fail to maintain road position.
With the sheer number of bumper/bumper collisions, and minor T/A's that occur because of the lights changing and drivers are unaware, the phone legislation was passed.
The number of people who say 'I'm just checking the time' gets my smartarse remark of "No! Your Casios' broken!?", it isn't always well received.
(ps... if YOU use the clock line at night, those REALLY bright clocks right in the center of the dash are a giveaway)
And thanks for the positive feedback btw fellas.
Bry
(patched 265 in below with the relevant highlighted bits)
265. Use of mobile phones
(1) In this regulation —
body, in relation to a mobile phone, means the part of the phone
that contains the majority of the phone’s mechanisms;
held includes held by, or resting on, any part of the driver’s
body, but does not include held in a pocket of the driver’s
clothing or in a pouch worn by the driver;
mobile phone does not include a CB radio or any other two-way
radio;
use, in relation to a mobile phone, includes any of the following
actions by the driver of a vehicle —
(a)
hold the phone;
(b)
enter or place anything into the phone, or send or look at
anything that is in the phone;
(c)
turn the phone on or off;
(d)
operate any other function of the phone.
(2)
A driver of a vehicle must not use a mobile phone while the
vehicle is moving, or is stationary but not parked, unless —
(a) the phone is being used to make or receive a phone call,
other than a text message, video message, email or
similar communication, and the body of the phone —
(i) is secured in a mounting affixed to the vehicle
at any time while using it, to press any thing on
the body of the phone or otherwise to manipulate
any part of the body of the phone;
or
(b) the visual display of the phone is being used as a
driver’s aid in accordance with regulation 264 and the
use of the phone does not require the driver, at any time
while using it, to press any thing on the body of the
phone or otherwise to manipulate any part of the body of
the phone.
while being so used; or
(ii) is not secured in a mounting affixed to the
vehicle and is not being held by the driver, and
the use of the phone does not require the driver,
(3) For the purposes of this regulation, a driver does not use a
mobile phone if —
(a) a text message, video message, email or similar
communication is received automatically by the phone;
and
(b)
on and after the receipt, the communication itself, rather
than any indication that the communication has been
received, does not become automatically visible on the
screen of the phone.