QLD Fines for for Mobile Phone Usage While Driving Is Going up to $1000

SlavOz on 28/11/2019 - 21:29
Last edited 29/11/2019 - 14:20 by 1 other user

Fining drivers for mobile phone use has become the government's #yolo

It's turned into such a massive fad that's its been dominating the talk shows with constant new warnings of harsher penalties. Apparently in QLD the fine is going up to $1000!

In NSW, the fine is just just over half of that with a 5 demerit point loss. Plus, they're bringing in cameras in December to monitor for it. It feels like a matter of time until they bring back the death penalty for mobile phone use. How much harsher can penalties get?

I've never been done for mobile phone use because I don't use my phone while driving, although I'm shocked to learn that just having the screen on with the phone in the passenger seat is illegal. So if you leave your phone anywhere within your direct line of sight in the car, and you suddenly get a notification which turns on your screen, you've suddenly broken the law.

The tagine used to be "Get your hands off it!", pointing to the fact that merely touching your phone while in the car was a crime. Now just looking at it or receiving a notification is the standard. Pretty soon just having the phone in the car at all will be the new rule. Its becoming a farce, mainly because we already know that fines are not the most effective detterent of bad behaviour.

Automotive

Comments

  • 900dollaridoos on 29/11/2019 - 12:15
    Merged from QLD now has a $1,000 fine for mobile phone use, but what protection do we have?

    So Queensland have decided to increase the fine from $400 to $1000 for motorists using mobile phones, but I can't find the specifics of the law online.
    I've heard people claiming simply having it in your pocket is enough evidence. Others say the police can seize it and go through message logs to check times.
    Considering it's now a 1000 dollaridoos, is it better to just leave it in the glovebox?

    • spackbace on 29/11/2019 - 12:18
      +3

      Post wasn't dramatic enough. Needs more drama and tagine

    • Seasoned Salt on 29/11/2019 - 12:26

      A bit of research would have gone a long way. According to the QLD Gov website;

      To keep yourself and other road users safe your full attention is needed when driving. Driving while using a mobile phone held in your hand is illegal—even if you're stopped in traffic. This means you can't:

      - hold the phone next to or near your ear with your hand
      - write, send or read a text message
      - turn your phone on or off
      - operate any other function on your phone.

      Basically, once you enter your car and start the engine, select your maps/music before driving.

      • 900dollaridoos on 29/11/2019 - 12:41

        Yeah cool so that's exactly what I read too…

        My question is how is it proven beyond the super spy cams that are being rolled out in cities. Can a cop see me scratch my ear and then fine me because the phone in pocket matches their story?
        Do they have the power to search through your phone?
        How much proof is actually needed? It's already a fairly known thing that cops have a few loose laws up their sleeves (eg I have a family member that was told she was receiving a speeding ticket during a pull over, when she said she was on cruise control and will have gps data he changed it to erratic driving on the spot). I can sleep knowing those laws exist for the relatively unlikely odds of finding a grumpy cop, but now the stakes are raised to 1k, its a but more of a concern.

        • GG57 on 29/11/2019 - 12:52
          +2

          I saw some examples of the photos that captured drivers using their phones. They were unambiguous.
          I imagine that these penalties will be automated, like red-light cameras or speeding cameras, and there will be an opportunity to challenge it in court if someone wants to.

          Police will do what they already do in terms of how they identify drivers etc., but I wish there was more of it as there are always lots of drivers using their phones on my daily commute.

          Hopefully this is a success and we can then move on to pedestrians using their phones….

      • LFO on 02/12/2019 - 18:30

        Driving while using a mobile phone held in your hand is illegal

        So the alternative of using a HOLDER for a phone is still OK?

        • whooah1979 on 02/12/2019 - 18:55

          Yes, with a hands free.

          • LFO on 04/12/2019 - 23:37

            @whooah1979: Hands free and a holder is very different.

            Hands free was always OK.

            A phone holder used to be OK, the crime was to hold the phone in your hands whilst driving, not to touch the phone.
            Is there a new legislation?

    • pegaxs on 29/11/2019 - 14:26
      -1

      but what protection do we have?

      Simple, your protection from fines is easy… Don't use your (fropanity) phone while you are driving.

      police can seize it and go through message logs

      Tell them to get a warrant.

      • 900dollaridoos on 29/11/2019 - 14:40

        Not that simple though, Wayne.
        Say the cop thinks he say you doing something in your lap but it was just itchy balls, is that enough for a fine? It's not as cut and dry as running a stop sign or speeding. I'm not worried about being fined for breaking the law, I'm worried about being fined without the crime, especially when its four figures.

        • Euphemistic on 29/11/2019 - 15:48

          You shouldn’t have to look down for itchy balls - unless you need to check if they are in your partner’s purse first.

          • pegaxs on 29/11/2019 - 19:19
            -1

            @Euphemistic: Last time I checked, my itchy balls didn't light up the interior of the vehicle at nighttime either…

        • SlavOz on 29/11/2019 - 22:02

          People are afraid to admit that the enforces of these laws are just regular humans. They're prone to errors, misjudgment, or corruption - all of which are rampant in any government institution to some degree. Someone flicking their keychain, playing with their fingers, or pressing the radio controls can easily be mistaken for a mobile phone user. Without the need for evidence, the cops can just fine you whether you were guilty or not.

          • whooah1979 on 30/11/2019 - 06:21
            -1

            @SlavOz:

            Someone flicking their keychain, playing with their fingers, or pressing the radio controls can easily be mistaken for a mobile phone user.

            Making up silly excuses for using the phone while driving deserves a fine on its on.

            • SlavOz on 30/11/2019 - 10:59

              @whooah1979: How about you stop dodging the question with baseless assumptions? Since there is no concrete evidence required to give out most traffic fines (as per our national anthem, we are young and free, apparently), how can we possibly get around human error, misjudgement, or corruption playing a factor? Police officers are already encouraged and somewhat pressured to collect fines. Whereas speeding and other crimes were always clear cut, mobile phone use isn't. Someone doing something innocent van easily be mistaken for using their phone.

              • Euphemistic on 30/11/2019 - 15:13

                @SlavOz:

                there is no concrete evidence required to give out most traffic fines

                The police have powers of observation, and legislative powers to back that up. The fine system has reduced requirement for judicial process so we don’t clog up the courts every time someone breaks the speed limit or looks at a phone. If you are seen by a police officer to be doing something wrong they issue you with a fine. If you believe you were wrongly fined, you can choose to take it to court. The way the system works.

                • SlavOz on 30/11/2019 - 15:34

                  @Euphemistic: Right, and when you get the fine reviewed in court, there's still no evidence required to charge you. You could have passenger testimonies, phone log usage, and a bunch of other stuff suggesting you're innocent yet that will always be trumped by the police officer simply saying "I saw him look down and use his phone"

                  So again, this doesn't resolve the issue that the more stringent fines get, the greater the risk that people will be wrongfully or fraudulently charged.

              • whooah1979 on 30/11/2019 - 15:14

                @SlavOz:

                Since there is no concrete evidence required to give out most traffic fines

                The procedure in nsw is fairly easy. The driver have the right to have the fine reviewed by Revenue nsw and if that fails have the opportunity to have the matter heard in court. The evidence may then be presented in front of a magistrate.

  • r2160 on 29/11/2019 - 13:41

    Well, if you publicly flog or put a few people to death publicly that drive while texting, I am sure that at some point the rest will learn …

  • tabitha731 on 29/11/2019 - 14:20
    +1

    I'm all for severe penalties for using ur phone while driving.. I've just been recently in an accident, coz the guy behind me was on the phone… Texting first, then had the phone to the ear.. Why not use the bluetooth?! Or speaker on ur phone, ( no one else was in the car with him). He rammed me twice in the back of my car, coz apparently his mobile phone is more important than the safety of others in the road.

    • Levathian on 29/11/2019 - 16:14

      My sister was in an accident where the stupid girl behind was texting. Smashed straight into the back of her car, didn't even hit the brakes.

  • Foxtail on 29/11/2019 - 16:14

    I'd be thinking of spending $35 on a hands free phone kit for a car.

    • GG57 on 29/11/2019 - 16:26

      That is certainly one option.
      The other is not to use the phone whilst driving.

      • whooah1979 on 29/11/2019 - 16:35
        +1

        Hands free are legal. Use it.

  • hawkeye on 29/11/2019 - 18:21

    Still legal to play around on the GPS Tom TOm Garmin?

    • pegaxs on 29/11/2019 - 19:21

      Yes, providing it is securely mounted to the vehicle. I wouldn't try holding it up to my ear while driving or just leaving it in the cup holder…

  • LFO on 29/11/2019 - 21:21
    +1

    There we go again … tha phone …

    Two (repetitive) comments of mine:

    1. You can drive and have and use a phone handset in a holder. Holding the phone is not allowed. Ever! Whilst driving, pressing OK on a phone kept in a holder is OK.

    2. So, phone use whilst driving is akin to suicide (my exaggeration) however using a two way radio, the ones you hold the MIC in your hand (whilst the other hand holds the steering wheel) is perfectly OK.
      Revenue collection schema or what!!!!!

    • gmail92 on 30/11/2019 - 11:45

      Where are you looking when holding a phone versus a two way radio whilst driving?

      • SlavOz on 30/11/2019 - 13:25

        If you have the phone on loudspeaker, you don't have to look at it. You could be holding it while speaking and still be focusing 100% on the road. This seems to be your justification as it's the exact same thing as cops using two-way radios. The only difference is the item that's in their hand.

        It's a "rules for me and rules for thee" kind of system, just like everything else we get fined for. A new recruit police officer has far less experience and driving skills as someone who's been driving for 25 years, yet the officer is allowed to speed while the other person is not.

        Perhaps the cops should practice what they preach and realize that maybe people are committing these offences because they see them committed by other people who are supposed to be model peacekeepers…

        • Euphemistic on 30/11/2019 - 15:16
          +1

          A new recruit police officer has far less experience and driving skills as someone who's been driving for 25 years

          25 years of average driver bad habits vs a properly trained driver? I know which one I’d prefer, and it’s the one with the lights on top. Sure, they will be shorter on experience, but much better on reaction time and agility (on average)

          • SlavOz on 30/11/2019 - 15:27

            @Euphemistic: I'm not aware of the specific training police officers get, but I doubt they can say for sure that it prepares them for doing something which the government tells us repeatedly "there's no excuse for doing EVER".

            If it does, then we should be training all drivers this way.

            Then again, most people will just say that it costs too much, proving that saving lives isn't their first priority after all.

            • Euphemistic on 30/11/2019 - 15:30
              +1

              @SlavOz:

              If it does, then we should be training all drivers this way.

              Well, maybe not to use phones while driving, but agree that we need to improve driver training. 120hrs learning bad habits from mum and dad doesn’t cut it.

              • SlavOz on 30/11/2019 - 15:37

                @Euphemistic: Agreed, yet the same people telling us their first priority is to save lives are the same people knowingly sending uneducated and incompetent drivers out there in 2000kg killing machines.

                Something doesn't add up.

        • whooah1979 on 30/11/2019 - 15:18
          +1

          Emergency workers are permitted to do things on the roads when performing their duties that other drivers cannot.

    • r2160 on 02/12/2019 - 07:22
      +1

      For several months, we had a minimum of two accidents a week where drivers were on their phone and hit parked vehicles because they were distracted by using their phone.
      Quite frankly, they should add a zero to the fine. Maybe then people will wake up.
      Wait until somebody you know is injured or killed by a driver distracted by a mobile phone. Perhaps you will change your mind.

  • Mrbean007 on 30/11/2019 - 11:53

    Good on them hope they bring the same to NSW sick of people getting distracted while at a set of lights on there mobiles!!!!

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