Mobile Phone Fine Driving

vegemite2008 on 24/12/2019 - 22:00
Last edited 25/12/2019 - 20:40 by 2 other users

Hi, anyone else that had the same experience in WA?

I was using the gps on my mobile before I started to drive to compare the distance with my fixed gps (old map) in the car to see if the distance (travel time) would be the same.

Sometimes due to new estates that is not on the map on the fixed GPS, the travel time can increase.

I put down the mobile (gps still running) in a cupholder so that I could not see it (but gps face up).

My driving position makes it impossible to see the mobile unless I move my arm and look down.

I used the fixed navigation system when driving (bigger screen and easier to view).

I was stopped and given a fine.

My question is, would I have a case if I contest it?

Moral police, please respond to other threads but not mine ;-)

Please close this thread due to useless replies. Thanks

Merry Christmas

OP Edit: The reason why I said delete it because people did not read the thread properly.

I was using my car gps not the mobile gps. I forgot to turn it off when recharging it.

Only used it initially to check the route. My car gps system is slower compared to my mobile gps when checking the route.

Why would I use a small mobile gps when I have large screen.

People responded with comments without reading my question properly.

Automotive

closed Comments

  • godofpizza on 24/12/2019 - 22:06

    you were caught using you mobile while driving. so no.

  • vegemite2008 on 24/12/2019 - 22:07
    -2

    No, I did not use it. It was in a cupholder.

    • I Smell Pennies on 24/12/2019 - 22:26
      +8

      but it was on, so yes, you were using it.

      I'm in NSW, and according to NSW law:

      You can use as a driver's aid (e.g. navigation, Speed Advisor app or dispatch system) ONLY if the phone is secured in a cradle fixed to the vehicle

      WA law:

      The GPS function of a mobile phone may be used by a driver only if the phone is secured in a mounting and the driver does not touch the phone at any time

      No cradle or fixed attachment = illegal to use as nav.

  • trustnoone on 24/12/2019 - 22:20

    I was stopped and given a fine.

    You were stopped as in a police officer stopped your vehicle and gave you a fine for using your mobile, but you're saying you didn't use it (checking if this is a you vs police officer of what happened sort of situation).

  • JimmyF on 24/12/2019 - 22:35

    I was using the gps on my mobile before I started to drive

    define 'before', had you been pulled over in a car park, with the car in park/hand brake on?

    Or had you been at a set of lights comparing the routes?

  • grog on 24/12/2019 - 22:35

    What is the exact offence the cop gave you the ticket for?

    it must be written on the notice? yes? no?

  • vegemite2008 on 24/12/2019 - 22:39

    Car was parked when I checked the GPS on the mobile.

    The gps was not mounted in a secure manner. It was resting in my cupholder. Do the same thing when I recharge my mobile.

    • kerfuffle on 24/12/2019 - 22:43

      Car engine needs to be turned off in order to use a mobile that’s not in a mount legally (in NSW at least, probably the same in WA)

      • I Smell Pennies on 24/12/2019 - 22:47

        Yes. And OP stated:

        Do the same thing when I recharge my mobile

        I think this is fine as long as the phone is not on and in use. However OP also said the phone was on (gps on) which may be hard to argue in this case in my opinion

      • vegemite2008 on 24/12/2019 - 22:56

        it was

        • kerfuffle on 24/12/2019 - 23:01

          Before you got stopped or after?

      • SnoozeAndLose on 24/12/2019 - 23:43
        +2

        Not true for NSW, you can if phone if you are parked even when engine is running.

        https://roadsafety.transport.nsw.gov.au/stayingsafe/mobileph…

  • vegemite2008 on 24/12/2019 - 22:40
    -2

    I appreciate if people are not jumping to conclusions. Spotless driving for more than 20 years.

  • mbck on 24/12/2019 - 22:51
    +1

    Yeh with mobile, it has to be secured, not in a cup holder, or someone else is holding or anything else.

    Get those cheap mobile holder and you would have been fine.

    Stay safe this holiday period everyone!

  • vegemite2008 on 24/12/2019 - 22:56
    -1

    I was stopped for a routine check and the police saw the mobile in the cup holder.

  • pegaxs on 24/12/2019 - 23:21
    +1

    I put down the mobile (gps still running) in a cupholder

    Hahahaha hahahah… oh, you guys… wasn’t this a thread about a week or so ago?

    Moral police…

    Yeah, that isn’t going to happen… every second thread posted on here is about mobile phone use and the fines people receive. All I can say is, play dumb games, get dumb prizes.

    It’s $10~$15 for a decent phone holder, yet people still want to pay $500 odd fines…

    would I have a case if I contest it?

    What did WAPOL say when you asked them?

  • ascorbic on 24/12/2019 - 23:33

    I wonder if the cops would consider a phone on a wireless charging pad in the car as being 'in use' if it has an always-on display showing the time.

    Another scenario: the phone is in a cup holder and a push notification causes the screen to turn on for 3 seconds. If you think about this case, it's not very different to a passenger holding a phone in their lap which receives a push notification. Would either situation land you a fine?

    I guess the main question is really 'what constitutes a phone being used?'

    Strictly speaking (disregarding enforceability and 'common sense'; merely by the letter of the law), would a vibrate notification of the phone in a pocket be considered use of the device? What about if a passenger places their phone in a cup holder like this adjacent to the door? The phone is unsecured but surely the driver cannot be considered to be using the device at this point. I wonder if the presence or absence of a passenger would affect this.

    • kerfuffle on 24/12/2019 - 23:43

      They have wireless charging mounts these days.

  • Tee Rex Arms on 24/12/2019 - 23:35

    Well this story is clearly one sided and made up. Accept the phone for using your mobile phone while driving.

  • grog on 24/12/2019 - 23:40
    +1

    It is easy to find out exactly what happened here…

    Please tell us what is written on the ticket, the offence… how much in $ is the fine listed on the notice?

    I am in W.A and we need to know the exact details as written by the cop so we can give you advice on this matter.

    thank you

  • lette on 25/12/2019 - 01:17
    +1

    Turn your damn phone off and buy a GPS. Sick of having my knees bruised up by moronic CBD drivers creeping out a sidestreet looking down at the "GPS" phone as apposed to looking at the pedestrian in front of them.
    Turn the damn thing off before someone dies.

  • I Smell Pennies on 25/12/2019 - 01:48
    +3

    Please close this thread due to useless replies

    I don’t think our replies are useless, thank you very much.

    Merry Christmas. Hope you enjoy the rest of the year fighting this fine 🙂

    • RockyRaccoon on 25/12/2019 - 05:49

      Well given they asked for "facts" not moral responses.

      They got both.

      The facts were outlined by you above - very simple. That was most helpful.

      Problem is that most don't understand the technicalities. "cradle", "mounting Device" and a cup holder may be a cradle, but not a cradle for a phone. and it's not a mounting device fora phone. Just like a seat belt isn't a restraing device for a baby.

      While having the phone in a cupholder is better than a lap or in your hand, its still dangerous.

      I agree the OP should leave this post here as an orginal post. It helps others and given answers were relevant, then its good work others (like you) have shared and shouldnt now be deleted. 🎄😃

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