Traffic Offence, Officer Said I Was Playing My Phone with Two Hands (VIC)

froddoog on 06/12/2020 - 14:24
Last edited 08/12/2020 - 16:26

Hi all,

This is my first traffic offence, I was driving home in the CBD area. 2 officers on motorbike looked at my car from the left side (according to my brother, he was the passenger).
They asked me to park and said that I was using my phone with my two hands. But I wasn't, I told him I took my phone out from my pocket (this was during red light) to put in on my cup holder, but I wasn't playing with them. Then they said that doesn't make sense, it was all recorded in their camera I was playing with my two hands.

I didn't know I wasn't supposed to touch my phone even during red traffic light no matter what the reasons are, I just read it up once I got home.
Is there anything I can do? Or I have to pay the fine?

I'm so disappointed at myself.

EDIT:

Okay, I didn't know before posting this will gather so many camps. There is left and right.

I know that I wasn't supposed to play with my phone while you are driving be it at a traffic light.
Somehow why I posted here is that I wanted to get an opinion on what I can do if from my not so great memory that I didn't play my phone with my two hands as the officer said. I just took out my phone and maybe the raise to wake function was up and the screen lighted up and at that moment the cop saw it and thought I was playing with my phone.

As I have written, I have been driving for ages and this is my first offence. I followed the rules like mad, never speed, or drive recklessly etc. I am against people playing their phone while driving as I know that it would cause many things. My uncle once went through an unfortunate event when someone was playing their phone while driving. So we know in our family we do not want to put people in that situation.

As for the law, I have broken I did touch my phone while in a traffic light, but I wasn't playing with it I just took it out and place it at cupholder this I admit and I will sure pay the fine.

What I don't get is that, as some have said that you can legally pass your phone to a passenger. That for me is a distraction as well right? So I don't get it why they picked on like the small things I did tell the truth I wasn't playing my phone with my two hands, just took it out and put it in the cupholder.

Yea, of course, I will move on people :D hahaha you will feel so shitty for few days but oh well like some of you have mentioned, it is not worth the time to think it over and over, I have better things to do. We make mistake, learn from it and move on.

and why I posted it here, because I wanted an opinion on it as this is my first offence and where else would I go because literally, I'm on this website every single day looking for bargains.

Thank you for those that have shed some lights onto this topic and most of you that have read this thread as well as written up long suggestions, I am grateful and hope this will be a good reminder for all of us that they are watching us everywhere and every time hahaha

P.S. If you know how I can stop people from commenting that would be great, I guess we can end it here :-)

Automotive

closed Comments

      • ATangk on 06/12/2020 - 21:28
        +2

        You can also legally pass your phone to a passenger, soo….

        • JDMcarfan on 06/12/2020 - 22:20
          +3

          This^

          I believe that if the OP has done as he/she said and placed it in the cup holder they would be able to get out of the fine. Given that an exemption exists on the same basis as allowing a driver to pass a phone to a passenger (given they don’t use any functions of the phone), I can’t see why that can’t apply here.

          Looking at it from a common sense perspective (I know OP could have just had in the cup holder in the first place, but we all forgot sometimes), if you have your phone in your pocket, you’re allowed to give it to a passenger to answer and speak. Now, you might not want to have a passenger answer the phone, but also don’t want to be distracted/irritated by a phone vibrating in your pocket, so you use ‘one’ hand to take it out of your pocket (whilst not using any function of the phone) and place it in a cup holder so as to not be continually distracted, all whilst concentrating on the road.

          I believe this behaviour is safe, whilst also upholding basic common sense, and I myself have been a culprit of doing as such. I personally would ask for the fine to be reviewed and explain circumstances and ask for common sense to be applied (would specifically site the ability to pass the phone to a passenger under current rules).

          Think of it this way: what if the op did give the phone to the passenger but the passenger didn’t want to answer/take it. What does OP do? If it were me I’d place it in the most reasonably safe spot available (cup holder,side pocket) that doesn’t distract me whilst I drive.

          This is all based on OP stating being a full-licence holder. ‘P’ platers are very clearly denied this in the road rules.

  • iNeed2Pee on 06/12/2020 - 15:30
    -4

    The only time you are allowed to touch your phone whilst driving is if your stationary, indicator on, on the kerb and your car is off.

    • Seraphin7 on 06/12/2020 - 15:42
      +4

      Indicator won't work if car is off.

      • bobbified on 06/12/2020 - 15:49
        +1

        If the key is in the "On" position, it will… :p~

        • peterpaoliello on 07/12/2020 - 05:00

          On "Ignition" , not "accessory". Wonder what happens for push button start cars

          • bobbified on 07/12/2020 - 07:28

            @peterpaoliello: The "ON" position is the one after "ACCESSORY" (but before ignition/start) already allows the indicators to work. There's no need to actually start the car. (You'll notice that when you turn it to IGNITION/START, the key doesn't stay in that position. It bounces back to the ON position.)

            On a push button car, pushing the button lights up the dashboard only. Its the equivalent to the ON position with the key. The indicators work in that mode. (To start the engine, the brake pedal has to be pushed while the button is pressed.)

            • peterpaoliello on 07/12/2020 - 10:30

              @bobbified: What you refer to as "ignition" I've known as "crank", reason being the ignition is active with coil active and spark plugs firing is my understanding even though the engine might not be running, so it's not advised to leave it in this position.

              So accessory > ignition > crank

              • bobbified on 07/12/2020 - 11:00

                @peterpaoliello:

                …. so it's not advised to leave it in this position.

                Besides draining the battery faster, are there any other downsides to having it in that position? I've just avoided it all these years because of the battery thing. I wouldn't like to be looking for a jump start in the middle of nowhere!

    • bobbified on 06/12/2020 - 16:00
      +1

      That's not right - fully licensed drivers can touch their phone to make/receive calls or use the navigational/audio functions if the phone is in a secured holder.

      • iNeed2Pee on 06/12/2020 - 16:43

        Uh yes. You are correct:)

      • StalkingIbis on 06/12/2020 - 20:48

        Really??? What state? Got links to that rule?

      • Plug on 07/12/2020 - 22:59

        Not in SA.
        You must not use a hand-held mobile phone while your vehicle is moving or is stationary in traffic (for example, at traffic lights). You may, however, use a hand-held mobile phone while your vehicle is parked.

        If a person wishes to make or receive a call, including dialling a number and needs to touch any part of the phone to do so, that phone must be mounted (in a mounting commercially designed and manufactured for that purpose).
If the phone is being used via blue tooth, a headset or earphones without touching, holding or resting the phone on their body, the driver may touch the earpiece or headphone to operate the phone (the phone may be located anywhere in the vehicle, including the driver's pocket or pouch they are wearing).
It is an offence to create, send or look at a text, video message or email on a mobile phone.
It is an offence to make or receive a video call on a mobile phone whilst your vehicle is moving.
Drivers of police or emergency vehicles are exempt.

        This does not apply to a driver's aid, such as vehicle system equipment, dispatch system, ticket issuing machine, navigational system, rear view screen, or closed circuit security camera.

        Using the GPS function on a mobile phone while driving

        You can use the GPS function on your mobile phone only if the phone is fixed to the vehicle in a commercially designed and manufactured cradle and you do not touch it while you are driving. You will need to set the GPS location on your mobile phone before starting your journey and, if you need to make any changes while you are driving, you will need to pull over and park before making those changes.

        • bobbified on 08/12/2020 - 16:10

          Not in SA

          You're contradicting what you've just said with all the text that you've copied-and-pasted.

          The words below are from what you've posted. It says you can touch your phone if it's in a mount.

          If a person wishes to make or receive a call, including dialling a number and needs to touch any part of the phone to do so, that phone must be mounted (in a mounting commercially designed and manufactured for that purpose).

    • bohn on 06/12/2020 - 17:17
      +2

      David Whiting (a lawyer who has a segment on ABC radio in Vic) reckons you can pass a phone that is ringing to a passenger to answer whilst you are driving.
      In this case you are touching it, but not operating it.

      • oscargamer on 06/12/2020 - 17:27
        +1

        Phone doesn't need to be ringing

    • dizzle on 06/12/2020 - 20:22

      That depends on your license.
      Open Licence in NSW/VIC/QLD can touch a phone to make/receive phone calls, Adjust Music, or use navigation features provided phone is secured to the car with a phone holder.
      Or if not secured to the car they can use remotes/voice controls as long as the phone is not touching any part of the body.
      Ls and Ps in most states can't even use BT or handsfree functions while driving.

      NSW
      VIC
      QLD

  • whooah1979 on 06/12/2020 - 15:30

    Have the fine heard in Court, apologise and sob COVID financial hardship.

    • oscargamer on 06/12/2020 - 17:28

      Can do - this will likely equal finding of guilt, 4 points and likely less $$$ than the ticket

  • [Deactivated] on 06/12/2020 - 15:44
    +8

    The penalty against touching a phone, especially during a red light, makes no sense. If you're not actually operating it then what the object is doesn't make any difference, it could be a street map or a cup of coffee for all the difference it makes.

    As for the issue of operating said phone, well it isn't an offence to change the radio station or alter the air conditioner. These things are also distractions.

    I can agree with not being permitted to use a phone while moving. But the heavy handedness towards mere touching of a phone is excessive in my mind.

    Perhaps the real offence is that you didn't notice uniformed police near you while in a motor vehicle.

    • froddoog on 06/12/2020 - 15:46

      Perhaps the real offence is that you didn't notice uniformed police near you while in a motor vehicle.

      I was looking in front and talking to my brother and out of sudden, he told me the cop is on his side looking at us.

      • ATangk on 06/12/2020 - 21:30

        The law doesnt make it clear if this is allowed or not for L or P.

        Drivers are only allowed to hold a phone to pass it to a passenger.

    • zonra on 06/12/2020 - 15:49

      It’s probably easier to have a blanket no touching rule vs no texting.
      Otherwise everyone would argue “oh I was only holding my phone, I wasn’t texting/facebooking at all”.
      I guess the point is, if you don’t plan on using your phone while driving, you should have no business touching it.

      • pharkurnell on 07/12/2020 - 10:25
        +1

        It’s probably easier to have a blanket no touching rule vs no texting.

        Bingo.. Why do people feel the desperate need to use their phone while driving? Whats so life threatening they cant wait 10 mins?

    • Quantumcat on 06/12/2020 - 17:38

      I think the reason is to make it easier to prove, it is hard to prove you are using the phone but easy to prove you are touching it from a photo.

      • [Deactivated] on 06/12/2020 - 20:37
        -1

        Victoria: where expectations of the police are so low that blunt authoritarian rules are enacted so they don't have to do any of that investigative work.

  • 87percent on 06/12/2020 - 16:04
    +3

    You got super unlucky though. Practically every light you stop at, if you look around, you’llpretty much always see someone on their phone

    • froddoog on 06/12/2020 - 16:42

      Yea :( I was super unlucky I guess.
      I look behind me the motorcycle was playing with his phone even though it was hooked to their cradle thing.

  • oscargamer on 06/12/2020 - 16:57
    +1

    Definition of 'use' (wrt mobile phones) includes touching.

    One of the exemptions is if you were passing the phone to a passenger.

    So - as stupid as it sounds, if you had retrieved the phone from your pocket, passed it to your brother, who then put it in the cup holder, you would be fine, but you taking it from your pocket and putting it into the cup holder, is an offence…..go figure. (in vic at least)

    • froddoog on 06/12/2020 - 18:46

      Oh wow! That is even in the rule? I mean it kinda a distraction as well no? Passing phone to passengers?

      • Kangal on 07/12/2020 - 08:30
        +3

        Yes but no.
        Here we follow the spirit of the law, as in what it intends to do. Which means using a judge and not a robot. So if your story is accurate, you have a high probability of not losing any points or fines and merely a warning.

        You can't do anything now, the fine must be officially processed. Afterwards you can ask the police for footage, which they will deny, and redirect you to take it to court. You should then take it to court, and now you're deemed innocent until proven guilty beyond reasonable doubt. If/when they present their evidence which would be the words of two officers against two citizens, it's rather dicey. Then there's the helmet cams from the two officers. Here is where it can be shown objectively what happened.

        If in the footage it shows you grabbing it and placing it somewhere else (ie under 3 seconds) you will win. However, if you at all pushed the button to look at the screen, or swiped it, and used it beyond that time, then you will lose. It's even possible you didn't use your phone while stopped, but the police may have seen you use it earlier and that is their conviction. Judges do not look favourable to the Police, but they abhor idiots/criminals just as much or more. And judges really don't like people using phones whilst driving (even though some do it themselves).

        …..so decide now, what really happened. If you have perfect recall that you didn't use it, and merely removed your phone from you pocket because it was uncomfortable (comfort is a safety point as well), or if it is possible you actually held the phone longer than you remember. Or if you used the phone earlier and that's what drew the attention of the Police to you and lead to the fine.

        • froddoog on 07/12/2020 - 17:23

          Ermmm this is hard, from my memory I didn't play with my phone with my two hands. I just took it out, but if I use this as an excuse I will still lose because I have no reason of taking it out (I can say that it is uncomfortable) like what you have mentioned. But still I did touch my phone 😅
          And I don't recall looking at my phone, but it seems everything happened so fast. That I can't even remember it

          • Kangal on 07/12/2020 - 18:58

            @froddoog: I dunno, maybe it's just me but you've not convinced me that you didn't use your phone. I'm feeling like you have, and you should just pay the fine, and use this as a lesson.

            I do touch my phone, won't lie/be a hypocrite, but everytime that I've done it I knew what I was doing. Wether it was to take my phone out of my pocket or to put it in there (been there done that), or just to check the lockscreen, or to reject a call etc etc.

            So if I got pulled over for something trivial, I would object to it on the spot and my behavior in the cockpit would be saved to my memory. And I would contest it in court, putting the onus on the officer to prove I jeapordized road safety…. yet I don't even have a particularly super-memorisation either.

            PS: Just saw a Bike Police pull some people over this arvo, lol

            • froddoog on 07/12/2020 - 19:22

              @Kangal: @Kangal Yea I guess I will have to pay the fine, but truly from my memory, I wasn't playing with my phone.
              It will be a lesson for me and many others as well as my friends that I have told them about.

              Yea I have never actually played my phone while I drive, I have looked at my phone when someone called me during drive then just use the steering wheel control to reject or accept the call. Even to control music I use the steering wheel control to do it.
              Edit: as I know and have learnt from my uncle incident through an unfortunate event that he has been through due to someone was playing their phone while driving, so since then I know if I do play with my phone I will cause harm to someone due to distraction.

              Oh well, lesson learn, live and move on and pay the fine

  • jsrz18 on 06/12/2020 - 17:07
    -4

    Well that's stupid. Dont pay the fine.

    • oscargamer on 06/12/2020 - 17:17
      +4

      Not paying the fine is stupid. OP will get more fees on top……. What are you really trying to say?

      • jsrz18 on 06/12/2020 - 17:20
        -2

        That's true. All my fines I never paid since I had moved interstate.. Shit situation for OP.

        • froddoog on 06/12/2020 - 18:47

          Yea, super uncluky. I have no reason to take my phone out. My hand just reached into my pocket and took it out.

  • Willco88 on 06/12/2020 - 17:25
    -2

    Not even supposed to touch the phone

    • oscargamer on 06/12/2020 - 17:29
      +1

      You can - depending on…
      a) your licence
      b) where the phone is
      c) what you are doing on the phone

  • Dont Care on 06/12/2020 - 18:22

    I hope you're disappointed with yourself.

    • froddoog on 06/12/2020 - 18:44
      +1

      Yeap hahaha I did but I'm okay now. Learn and move on mate.

  • pegaxs on 06/12/2020 - 18:33
    +1

    Page 397, Road Rule 300 of the Victorian Road Rules says "dont touch it", and if you do have to touch it, only it it's put in a made for purpose cradle. Taking it out of your pocket is touching it, and placing it in the cup holder is not a "built for purpose" mount.

    (2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the motor vehicle, bicycle, wheeled recreational device or vehicle that is not a motor vehicle if, and only if
    (a) the mounting is commercially designed and manufactured for that purpose

    Accoding to the next part, you would have been better off passing it to the passenger.

    use, in relation to a mobile phone, includes any of the following actions by a person
    (a) holding the body of the phone in the person's hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in a vehicle driven by the person

    • froddoog on 06/12/2020 - 18:45

      I guess everything is recorded and I can't changed what I said.
      This is funny where you can touch your phone and give it to other passengers, it is also distraction from driving isn't it?

      • pegaxs on 06/12/2020 - 20:20
        -2

        It's pretty shitty what they have done, and it seems like they were just desperate to fill their daily quota and using a very slim edge of the law to get the ticket written. This is one of those times I would definitely write a letter and if you get no joy out of that, take it to court and explain it to a magistrate and tell them that yes, you "touched" it, but only to remove it from your pocket.

        If they have evidence of you doing something more with it, then they should supply this and you should be able to request the footage and see if it is how you remember it.

  • JimmyF on 06/12/2020 - 19:51
    +2

    But I wasn't, I told him I took my phone out from my pocket (this was during red light) to put in on my cup holder, but I wasn't playing with them

    https://www.vicroads.vic.gov.au/safety-and-road-rules/driver…

    • Using a hand-held mobile phone is also illegal when your vehicle is stationary but not parked e.g. when you’re stopped at traffic lights.

    • (mobile phones) can (only) be operated by the driver without touching any part of the phone, and the phone is not resting on any part of the driver's body.

    So yes, you touched your phone. The fine applies.

    • SF3 on 06/12/2020 - 20:35

      Wow, that’s like an “assault” charge, the act of touching a mobile phone. 😬

    • froddoog on 06/12/2020 - 23:23

      Yea I have come to the point that I will just have to suck it up and pay the fines. If I keep thinking about it it made my life harder.

      • JimmyF on 07/12/2020 - 10:05

        I'm not disagreeing its 'crap' fine for you if what you said really happened. I'm just saying what the law says and yes sadly the fine is 'valid' in this case.

        They have been cracking down on mobile phone usage at 'lights'. Basically doing what they did to you. Riding between the cars and any driver touching a mobile phone, gets a fine.

        • froddoog on 07/12/2020 - 17:03

          No, I do agree with you. I shouldn't have take out my phone and I didn't have a reason to take it out to and the law is super clear on this.
          I just hope that this will be a good reminder for all.

          I have seen so many deliveries riders that touch their phone and stopped at random spot to check their phone. Other drivers too, seen so many playimg their phone while on red light

          • Euphemistic on 07/12/2020 - 17:37

            @froddoog:

            I have seen so many deliveries riders that touch their phone and stopped at random spot to check their phone. Other drivers too, seen so many playimg their phone while on red light

            And they’d get a fine if caught breaking the rules. Just because ‘everyone’ does it doesn’t make it any less dangerous.

            It took a while for the laws to catch up with the use of phones while driving, largely because we so quickly switched from a phone for calls to a phone for messages and other stuff. It didn’t take long however for driving distracted by a phone to become a real problem.

  • Milk tea on 06/12/2020 - 21:38

    I am genuinely curious. Did you always think it was okay to touch your phone at a red light? Such as texting or holding your phone up to your ear?

    • SF3 on 06/12/2020 - 21:58

      /whoosh

    • froddoog on 06/12/2020 - 23:19

      I have never use my phone during red light, I just didn't know you can't even touch the body of the phone with your finger tip, but you can take your phone and pass it to your passengers (logic). 🤔

      • Milk tea on 07/12/2020 - 20:56
        +1

        That's a distraction and even eating is technically illegal because it is a distraction. Oh well you live and learn

  • cashless on 06/12/2020 - 22:05
    -4

    Member since……today
    Oh, here we go again

    • SF3 on 06/12/2020 - 22:07

      Member Since
      02/01/2018

      • cashless on 06/12/2020 - 22:12
        -3

        You just spoilt the fun

        • SF3 on 06/12/2020 - 22:32

          Maybe you time travelled 🕰

  • pharkurnell on 06/12/2020 - 22:30

    I had a young cop at a RBT one night tell me i "shouldnt" have the phone in my shirt pocket… Couldnt really tell me why but he was stern in his words.. i left it in my pocket and drove off.

  • p1 ama on 07/12/2020 - 02:02

    Is there anything I can do? Or I have to pay the fine?

    Not going to try and lecture you because others have probably done that enough. Only thing you can do is to go to court.

    If you're being honest, just go to court, plead not guilty, tell your story. The magistrate will hear the evidence. If they're sympathetic, you'll get off. If they're not sympathetic, you'll have your original fine reinstated. Only cost are some negligible court fees and your time.

    I got a parking fine once in an area that wasn't well signed. Basically there was a pole, one side was 1P, the other side was no standing and someone had rotated the pole 180 degrees so it was pointing in the opposite direction (no idea how they did that). I took photos and sent an appeal to the council which was rejected. Elected to have the matter heard in court. I pled not guilty, the council wasn't able to produce any evidence so the fine was overturned.

    Most magistrates are reasonable. You won't get anywhere with something cut and dry (e.g. being picked up for speeding by a camera), but if you genuinely believe you're innocent, then give it a shot.

    • froddoog on 07/12/2020 - 11:46

      I guess, I will just ask for th evidence if I clearly was playing with my phone with my two hands as what officer have said. Then I will pay. But from what I remember I didn't even play my phone with two hands, just took it out.

    • Butt Scratcher on 07/12/2020 - 16:38
      +2

      If you're being honest, just go to court, plead not guilty, tell your story

      Ozbargain legal advice at its finest. Telling people to plea not guilty, when they're guilty…

  • drfuzzy on 07/12/2020 - 02:10

    Tell them you were drunk.
    Tell them the phone belongs to the stolen vehicle.

  • Willco88 on 07/12/2020 - 02:38

    Seems like a while lot of trouble for a fine, like seriously get over it and move on, I'm just like officer add it to my TAB lol they'll get their money at $10/week for the next 10 years…….

  • gromit on 07/12/2020 - 07:29

    I didn't know I wasn't supposed to touch my phone even during red traffic light no matter what the reasons are, I just read it up once I got home.
    Is there anything I can do? Or I have to pay the fine?

    Ignorance of the law is not a valid defense. Really you are probably best off just paying it, you could try going to court and getting a sympathetic judge but chances are slim when you admit you broke the law.

    • froddoog on 07/12/2020 - 11:44
      +1

      I know the law that you are not supposed to play your phone or anything while you are driving. I know it is a distraction, my uncle got hit by a guy playing his phone while driving 60km/h so we all know in our family that we are not supposed to play phone while driving, I have been driving for 13 years and never once play my phone and this is my first offence, so go figure.

      What I'm trying to say is that, I didn't know you can't even touch your phone or double tap your phone even, because that count as touching your phone.
      And I was just taking out of my pocket.

      But apparently you can take out your phone and pass it on to your passengers 🤷🏽

  • ECE on 07/12/2020 - 07:37

    Hi OP, May I know what car are you driving?
    If you can invest in a dual dash cam that can take recordings inside your cabin 😷

    • froddoog on 07/12/2020 - 11:59
      +1

      I have dual dashcam but doesn't record the inside, just front and rear

  • kaleidoscope on 07/12/2020 - 07:50

    i’m 100% against people texting/ reading on phone screens while driving.

    At the same time the law on the other hand has d*ck logic when it comes to things like this. So you can carry a rechargeable d**do and put it to charge while driving but god forbid if you do that with a phone…

    It’s tough but I guess you got unlucky.

    • froddoog on 07/12/2020 - 11:46

      Yea same, as I know how devastating it would be. My uncle got hit by a guy playing his phone while driving.

  • [Deactivated] on 07/12/2020 - 08:45

    cant touch your phone at all with hands behind the wheel of a car, or any electronic device, Law is clear, as.it must be in a cradale or car parked and off to be able to be in your hand. im not 100 percent on this but i dont even think it can be in your lap

    • froddoog on 07/12/2020 - 17:00

      Yea it can't be on any part of your body.

  • OzzyOzbourne on 07/12/2020 - 09:31
    +1

    Unfortunately they have to make the rules simple and all encompassing so that the police can understand them and don't need to use their judgement.
    So touching your phone in any way is just as dangerous as texting whilst driving in their simple eyes.

    I can understand that sometimes you get in the car with the phone in your pocket and after a few minutes of driving you realise it's digging in your leg so you want to move it to the centre console or something. With any other object, this would be fine, but with a phone, it's classed as using it whilst driving, so has the same punishment.

    Road offences are weird like that… With any other crime, there has to be either strong proof of intention to commit a crime, or strong evidence that a crime was committed (how many times do you hear about someone reporting something suspicious to the police only for them to dismiss it until an actual crime has taken place).

    With your road offence…. It's the possibility that you may have done something, that you didn't actually do, that had the possibility of causing an accident (which it wouldn't as you were stopped at a light) and that's enough for a conviction equivalent to actually doing the thing that you didn't do, whilst doing an identical action with a different object would have no punishment whatsoever.

    An example is… You can rock up that to MacDonalds drive through, read the menu, place your order, open your wallet, count out coins/notes or use your card to pay, all with your engine running etc…. But if you grab your phone to tap and pay, without even opening it up, then that's breaking the law.

    • JimmyF on 07/12/2020 - 10:15
      +1

      But if you grab your phone to tap and pay, without even opening it up, then that's breaking the law.

      Well it does fall under this clause

      • (mobile phones) can (only) be operated by the driver without touching any part of the phone, and the phone is not resting on any part of the driver's body.

      open your wallet, count out coins/notes or use your card to pay, all with your engine running etc

      The difference is, people are not doing this while driving down the freeway at 100-100kmh though, or doing while driving in general madly punching out a message to a 'friend' and not watching the road.

      Unfortunately they have to make the rules simple and all encompassing so that the police can understand them and don't need to use their judgement.

      I think you'll find its not for the police, its for the general public. So they can understand the laws, and they don't need to use their judgement if they can be touching a phone or not.

      The laws have been adjusted a few times around phone usage and people keep trying to justify use under the old laws. So now its been made as simple as you can get. Touch your phone while driving, you get a fine. Simple.

  • OzHunterNSW on 07/12/2020 - 10:39

    You are not allowed to "touch" your phone. Do you understand how dangerous it is for drivers to be distracted with their phones? Just don't touch it. Don't look at it. Don't touch it.

    • froddoog on 07/12/2020 - 11:50
      +1

      Yeap I agree as to touching your phone is damn dangerous, our family has been through that. As we had unfortunate event happened last time.
      I'm against people using their phone while driving

  • pharkurnell on 07/12/2020 - 11:06
    -1

    Interesting Comment from elsewhere.

    Just grabbing your food is technically illegal.

    Can’t have your arm outside the vehicle.

    So no matter how you pay in the drive thru, it’s illegal.

    • holdenmg on 07/12/2020 - 12:28

      So, how do I enter a Car Park that requires me to get a Ticket on
      entry to raise the Barrier?

    • OzJD on 08/12/2020 - 02:54

      You can grab your Maccas (at least in NSW and VIC)

      VIC - "Driving or travelling with any part of body protruding"
      NSW - "Driver or passenger to travel in a motor vehicle with any part of their body outside the window or door."

      All you need to do is stop your vehicle. You're also allowed to extend limbs out of the window for hand signalling.

      As for the mobile phone usage, in NSW you can use your phone if the vehicle is stationary in a road related area, and:

      (i) is functioning as a payment device to enable the driver to pay for goods or services that are required to be paid for in the road related area, or

      (ii) is being used to display an electronic coupon, voucher, card or similar article that requires the body of the phone to be held in close proximity to another device located in the road related area in order for the article to be used or redeemed

  • lost in transit on 07/12/2020 - 11:52

    Yet i can touch my radio,scan channels etc …

    • cameldownunder on 07/12/2020 - 13:51
      +1

      You also can touch yourself :-)

      • lost in transit on 07/12/2020 - 14:09

        And they say men can’t multi task 😂😂😂

  • MontyMacaw on 07/12/2020 - 13:23
    -1

    Take your lumps and thanks for sharing to remind us all that using a phone illegally while in charge of a motor vehicle is one of the worst things you can do and is one of the most common offences. It needs to be stamped out for the self entitled arrogance that it is. Once upon a time in a world not so far away you could only use a phone when you were in a building or a phone booth and nobody died as a consequence.

    • froddoog on 07/12/2020 - 16:56
      +1

      Yea I guess that's what I need to do. It's a good reminder as well. I have never played my phone while driving. I was telling my mates and they said this is a good reminder for them too.

  • iamgroot1799 on 07/12/2020 - 13:28

    How much was the fine amount if you dont mind me asking. Asking for a friend..

    • froddoog on 07/12/2020 - 16:57

      I think should be $485

  • MementoMori on 07/12/2020 - 13:34
    +1

    To the OP - https://www.knowyourrightsgroup.com.au/fines/

    • froddoog on 07/12/2020 - 16:59

      Thank you, will read it up once I got home from work.

      • Euphemistic on 07/12/2020 - 17:52

        Quote from the other thread

        Oh dear god. Another site along the lines of sovereign citizen crap. ‘FiNeZ iS IlLeGAl!’ ‘It’S nOT iN thU CoNstiTUShUn!’
        If there was any merit in any of this decent lawyers would have one one side completely prevented fines forever more or from the thee side closed the loopholes in the laws.
        Look closely, they’ll want to extract some of your money to get you off the fine/s but with no guarantees.

  • cameldownunder on 07/12/2020 - 13:50

    I just read it up once I got home.

    Written on my phone while waiting for red light to turn green.

  • Bontai on 07/12/2020 - 15:20
    +1

    I hate people that use there phone while driving and waiting at the lights.

    Accept the fine and learn from it.

    • froddoog on 07/12/2020 - 16:42

      Yea, to be honest I hate it too. But I wasn't even playing with it. Just took it out and put it in cup holder 🤷🏽🤷🏽

Login or Join to leave a comment
Login Join