Can the ozbargain community shed some light on how I can contest this?
$282 is very painful!!
$282 fine for reading TXT at red light
cateyneow on 22/11/2012 - 00:18
closed Comments
Sorry to hear that. Beg to be treated leniently for the first offence, maybe? Dunno.
You do realise that recently enacted NSW road rules forbid touching the mobile except to hand it to a passenger? I guess they have similar ones in VIC. I may have to start wearing a wrist watch again or put a clock in my old bomb of a car; it's too risky to take out the mobile even to glance at the time.
haha get a phone watch and read the texts from there.
But Ketut says we need to keep our eyes on the road…
Here is your longer term solution http://en.wikipedia.org/wiki/Pebble_%28watch%29 they are suppose to allow for reading text on the watch face when they are released.
Nah, I'm an OzBargainer, I'll buy this or something similar when it's discounted to $1. LOL
Your dashboard doesn't have a clock?
As I said, it's a very old car.
My bad, I missed that part.
Yaaaay! Don't read text messages while you're responsible for the control of a motor vehicle. Suck it up, pay the fine, and learn the lesson.
It's funny how you are freely allowed to use gps or a portable mp3 player but a phone is treated differently. Anyway reading a text is dangerous because you should always be aware what's around you like cyclist in blind spots especially. Just have to take the fine unfortunately.
Rules are changing if not already changed. You cannot be distracted by any of these devices;gps is no exception. I am told having a phone lying around within your reach can get you a fine. Also need to secure it in a cradle. GPS needs to be below the dashboard line and you can't touch it while driving.
you are not holding gps or mp3 player in your hands when driving, it's different. I believe you can even use a phone as your gps device if it's in a phone windscreen holder but not in your hands.
Yes you do hold an ipod and yes its legal.
don't think it's legal anymore…all things basically have to be in cradles now.
I dont think there is a law specific against it but more on the "unattentive driving".
I dunno about 'unattentive' driving, but after a weekend at the vineyards I've concluded that there really should be a very specific law about 'unattractive driving'…urgh, Cessnock!
technically you're not allowed to do anything that takes your hands off the wheel, besides shifting gears.
So ipods, phones, car radio, eating etc. all count.
Ive had a written warning, with a law cited, for eating while driving.Ive forgotten the exact law, it was YEARS ago, but its there!
Also OP; as someone who loves driving, everything about it, from the slow to the fast, mobile phones are killers. I ride too, and the amount of people who have had colorfully worded warnings due to almost killing me.
And yes, red lights too. If it goes green, and the person doesn't move for a bit, you assume car troubles and go around them. They then panic and take off like a madman, probably not checking for bikes overtaking their 'broken down' car.
tl;dr? It sucks mate, money is hard at the moment, but phones in a car, period, needs harsher fines.
The population just keeps breaking the damn law on this one! People need money to live though.Maybe licence suspensions would be a harsher, but more 'fair' response to it?
I dont know the answer here. All I know is there is a law people keep breaking, so it needs more consequence.
Good points.
Not much you can do unfortunately. Just distract yourself from your phone by doing other legal things while driving; eat a burger, drink a beverage, read a newspaper, apply make up while drying your hair out the window.
I bet they can get you for those things under the category of not being in full control of vehicle.
ahhahhaha very nice!
What about smoking in the car? I mean, it's a distraction too.
Your going to contest a fine that was well deserved, Ozb has hit a new low
So keep your reputation, which is fake because you obviously want to get out of something you deserve.
What other stuff are you into, little bit of credit card fraud, some robberies j/k. As long as you dont get caught, your innocent right?
Take the moral high ground, you have already outed the info here so what does it matter.
How does immigrant come into this?
Law = don't do it
you did it = punishment.
No matter how 'unfair' it may seem, and yes, there are always unfair things, you broke a rule which is in place to keep people AND yourself safe (unlike…speed cameras).
Have you heard of picking your battles? Just because you have 'the right to contest' doesn't mean you have any chance of winning it.
You wont accept their decision, you didnt accept the police, why do you need a judge?.
Sounds like you should live in America!
Nope, now the thing is to move to Australia:
http://www.couriermail.com.au/news/technology/fail-anti-obam…
wasting court time and tax dollars
Ugh. Really? Look, there is absolutely NO REASON why you'd need to check your phone for texts while driving.
I'm n immigrant and I'm not here to be pushed around.
Thank you for coming to live in our country. Now please respect our laws. They protect you as well as us.
I really hope the OP contests it…what a valuable lesson in court costs & legal fees that will be!
Magistrates just love frivolous cases…
Immigrant. EXPLAINS EVERYTHING. They always think they deserve to be treated differently to everyone else and this is a perfect example.
The law is, if you are on the road in a vehicle, it is illegal to use your phone. If you get stopped at a booze bus and while you are sitting there waiting for them and you use your phone, they can book you. Unless you physically pull over off the road, it is illegal to use your phone.
Appealing what? The fact that you broke a Victorian road law?Damn immigrants…They took our jobs, DEY TURK ER JURBS, DU DURKUR DUUR. ;)
what you want to clean the toilet at night and drive taxi at day ?
Hi cateyneow,
Just curious where you came from where they don't push people around like this.
'They'….'Always'….. dont brush all immigrants with the same stroke.
Just curious where you came from where they don't push people around like this.
I think there's often gender / racial bias involved. Police are often more vigilant and harsh around non-anglo saxons — if you come from a country that has looser laws, you're more likely to think that you can get away with mistakes here.
I see revenue protection officers on buses at my university hawking around the bus stops, and based on observation its easy to tell they're targeting specifically Asian-looking students who might not use the right tickets (e.g buying concession when they are not entitled to concession passes, or not using the right color of ticket)
You DO know that if you contest it you're likely to cop court costs as well as your fine, right? There has been heaps of publicity around this recently, so you couldn't even plead ignorance.
I'm n immigrant and I'm not here to be pushed around.
Can't thank him for coming to live here with an entitled attitude like that
Just curious where you came from where they don't push people around like this.
I'm still eagerly anticipating the answer to that one OP…
I for one would love to know where this land of candy cane forests, chocolate rivers & gumdrop flowers is? :p
+1 nail head has been struck!
@StewBalls: time immigrants?
I for one would love to know where this land of candy cane forests, chocolate rivers & gumdrop flowers is? :p
That settles it: the OP is obviously an umpa-lumpa.
I think the OP has decided to slink away and can't bear to read the responses.
I was thinking Grumpa Lumpa. OP must've had an important party text from Slurms McKenzie! ;)
You ask: What the hell are those things?
Answer: *They're the [copyright free-version] oompa loompas."
OzB collective: Tell them I hate them.
OP when pulled over by cops: Grumpa lumpa, doopity darmed guards…
Cop: Shut the hell up!
…ahh, Futurama! :)
@skeptik, yeah damned goobacks…
@Finde: Love this new technology that turns bullcrap into all caps. Makes is so much easier to distinguish.
the OP definitely deserved the fine, but unless you're Aboriginal aren't you an immigrant too? by saying that you're just as moronic and ignorant as the OP.
Smoking's not a distraction, it helps you concentrate…
You are joking, aren't you?
When I used to smoke it definitely helped me concentrate while driving and carrying out numerous other tasks. It's the same as music—for some people it helps them concentrate more. Both elements have an effect on the brain.
That's one reason why smoking is so hard to give up for some people. It's a distraction if you light up while driving.But overall it helped me concentrate more while on the road. Smoking also has a calming effect. I would much rather have calm, attentive drivers on the road than highly stressed; aggressive drivers that are all too common these days.
There has been a significant decrease in smokers in the last 5-6 years, but drivers get worse. Not saying there is a correlation, just my observation. Probably more to do with increase in smart phones.
It's a distraction if you light up while driving.
Which is what we're talking about…
I'm sure you do feel more collected after a nicotine fix, but that's not the particular case under discussion:What about smoking in the car? I mean, it's a distraction too.
Smoking's not a distraction, it helps you concentrate…
I'm sure you do feel more collected after a nicotine fix, but that's not the particular case under discussion.
Really?
Taking all things into account; overall, it helped me concentrate better and I was a more attentive driver.
My habit was lighting up just before starting the car. But of course there were times when I lit up while driving.
Taking all things into account; overall, it helped me concentrate better and I was a more attentive driver.
I'm not doubting you.
But of course there were times when I lit up while driving.
Did it prove distracting?
Did it prove distracting?
Pretty similar to changing the radio station or volume.
The thing to consider is that it takes far more attention to read a text than to light up. Lighting up for most smokers is second nature and similar in cognitive behaviour to changing the radio station or volume.
Most smokers can light up blind-folded. In answer to your question: yes, it can be considered distracting, but marginally.
+1
couldnt agree more. Distractions should be gone.
I dont know if smoking itself is the distraction, but the prep sure is. No shit, i've seen someone rolling a cig while driving!!!!!!!!!!!!
"Oh wheres me smokes? There, ok, now lighter? OK shield the wind, light it. OK now I have ash… my car has an ash tray… but I'll flick it out the window onto the newly polished other cars\bikers face"ps. ASHTRAYS! USE THEM! the world is not your ashtray.
Only exception IMO is music, purely because if you've ever done long drives, 'white noise' is alot more hypnotizing than music. Listen to tire roar for 8 hours a day and tell me you dont 'zone out' to some extent. Music is the only thing IMO.
No shit, I've seen someone rolling a cig while driving!!!!!!!!!!!!
So have I, and you are simply nuts if you do that!!
You make some good points, though I know where my cigs and lighter are—in the centre console. I can light up while driving with a distraction equivalent to somebody reaching for their drink, taking a sip, then replacing the drink container to the cup holder.
I bet that car you are driving is polluting the world multiple times over compared to the cig ash out the window.
Rolling a cig is nothing, I've seen people: Do makeup, get changed, beat the salami, making some kind of noodle meal, go to 2nd and home base and last and the most scary, breast feed. All while driving.
I was quite surprised when I was told a few years ago while on the gold coast, that all of these things are illegal in QLD while driving:
"eat a burger, drink a beverage, read a newspaper, apply make up while drying your hair out the window."
The drinking a beverage was the one I was surprised about.
Is it illegal to drink a beverage in NSW?
yup. had an offical warning about that one. the burger, that is.
I was young and stupid, about 5 years ago. Nowadays, nothing but music is even at risk of distracting me.
Phone on silent, without vibrate, and if i need to adjust music, its only when stopped.you're piloting a 2tonne piece of steel down a road and responsible for hundreds of peoples lives. Dont get me started…..
Since you're in Vic this applies http://www.vicroads.vic.gov.au/Home/SafetyAndRules/SafetyIss…
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.
There is a new law came out not long ago that not allowed you to have the phone IN the car at all. Retard laws perhaps? Honestly, drinking driving kills more than "mobile" phone driving … but why don't they ban the drink once and for all? Well, you know why !
why don't they ban the drink once and for all?
Coz the instant they do, we'll all have stills in our backyards running 'shine like the good ol' boys! Yeeeeee-hawwwww!!! :)
i can't stop laughing hahaha
Of course you are allowed to have a phone in the car. (In NSW.) Even on your person in a holster. How else are you going to carry the phone around? You think they are going to look through the car and say hey boy we're hauling you in, you've got a mobile lying on the back seat. So all mobile salepeople carrying samples in their packages are in danger of losing their driving licenses?
You're just not allowed to touch it while the car is non-stationary, except to hand it to a passenger. So who's the retard here?
That's the law they made, i just told you as it is … jeez don't venting at me. Some laws they do reinforced some they don't. For example: there is a law that not allowed one to swear in public but my workmates are swearing like machine, they don't have the"operation no-swear" do they. Perhaps they won't reinforced that law or they will. My point is the government should being nanny by trying to "protects" everyone. Think about the amount of revenue it generates will.
I'm not venting at you, it's that your interpretation makes no sense. Show me where it's stated that you cannot convey a mobile phone in a car. The law is to stop dangerous use, not innocent people going about their daily business.
I wonder if you get these ideas from talk show callers. Really reliable sources of information, those people.
i don't follow these short of news much, but here you go
http://www.bendigoadvertiser.com.au/story/915691/states-urge…"TOUGH new laws to ban all mobile phone use in vehicles are being considered by transport ministers after a landmark report found that even hands-free devices dramatically increased the risk of crashing"
"In NSW, being caught handling a mobile phone will earn a driver a $258 fine and three demerit points." —- less than OP paid, yet more dangerous, does it make sense to you ? It doesn't to me.And no i didn't get those ideas from any TALK SHOWs, you just need to "open" your eyes. When you have to question your government, it just reach a next level of low …
EDIT: What The FUQ? - Frequently Unanswered Questions of the "Australian Government" from http://www.truth-now.net. Watch it and if you don't have any question … i give up …In NSW, being caught handling a mobile phone
That's exactly what I wrote, you are not allowed to touch the phone, even if it's hands free. You wrote it wasn't allowed to have a mobile phone IN a car. Maybe you should express yourself more clearly?
Why don't you just use Internet search to find the truth from the definitive sources? E.g. RTA NSW:
http://www.rta.nsw.gov.au/roadsafety/driverdistractions/inde…
Do you realise that there are hands-free kits that allow you to control the phone without touching it? Also modern cars integrate the phone with the car electronics so that you can dial numbers, etc. without taking your hands off the steering wheel or eyes off the road.
They may be considering stricter conditions but that is not the law yet.
dude, you wrote "There is a new law came out not long ago that not allowed you to have the phone IN the car at all."
You obviously interpreted or wrote this incorrectly. Admit it and stop making yourself look silly.
My workmates were discussing it for couple day, i wasn't sure which paper they read, because i couldn't careless about these driving laws.
-> frewer
What you typed says:
- laws are being considered; it does not say laws have been passed
- ban all mobile phone use; using it or handing it to someone (not banning the phone physically from the car)
I think the governments work here is done. Made a nice little profit and may have saved a life of two down the track if you have learnt your lesson.
Pay the fine and move on.I had someone hit me yesterday because they where using there phone at a light and slowly crept forward into my car. Because it was such low speed, and I have a tow bar, I didn't make anything of it, but the guy didn't even apologise. Needless to say I boxed him in as he tried to speed down the highway :)
God zukand,was your car ok ? Bit much not even saying sorry.I also had a an incident a few weeks ago whereby some guy (what is it with guys and their phones?)was taking a call at an intersection (maybe near some intersection where you were zukand hahaha.Mine was on the James Ruse Dr.,where were you at the time?),went through a red light and missed me by centimetres.I had to pull over,gain my composure and shook all the way to work.PEOPLE,IT'S AGAINST THE LAW,IT'S DANGEROUS AND IT HAS KILLED….DON'T DO IT.
TBH i notice both guys and girls doing it, so there isn't much gender bias here.
point is, a lot of people do it. and it's annoying.
Agreed. I had a female driver plow into the side of my car at a t-intersection because she was busy texting.
i don't use my phone as the way you describe …
My car was fine. It was incredibly low speed, - if it occurred when coming to a stop or something like that I would've definitely checked then and their, as low speed collisions can still do serious damage. It may have left a mark on his car. Unfortunately it would've probably just been on the number plate, as that's where the tow bar is aligned to.
Why do you feel you should contest it?
The law is the law. So what if you have a clear driving record? You need to wake up to the fact you now don't.
People do get fined for fiddling with their GPS at inappropriate times. You seem to assume that doesn't happen.
Here is a case of your emotions over logic.
Apparently there are such things as pretend laws.
http://www.bluelight.ru/vb/threads/651501-Investigation-into…"A pretend law made in excess of power is not and has never has been a law at all. Anybody in the country is entitled to ignore it." - Chief Justice Latham 1942.
Anybody in the country is entitled to ignore it.
In a perfect world, perhaps.
This is not a perfect world, and thus we have gaols brimming with people who thought they'd take Chief Justice Latham's advice.
I have a very solid opinion.
Deliberate acts needs harsher penalties.
eg: phone, littering, smoking with a baby in the car, and so on.
all 100% conscious decisions which could be totally avoided by nothing but choice.As opposed to, I dunno, creeping over a stop line by 5cm, or, letting your speed creep to the most minor of levels. True accidents.
You can tell I take driving very seriously, and even I have the occasional '5km over' for a minute or so every now and then. Always by accident, simply because the external conditions require more attention than my gauge cluster does.
cateyneow yes I agree with you on this, people who don't pay attention while driving because they are reading a map/GPS should also get fined. It's extremely annoying for those behind them when they are swerving or travelling extremely slowly.
New laws. I guess you just have to deal with it =/.
Not new laws in Victoria, worked with a guy who got fined for this a year + ago. Think the fine was only $100-odd though
Technically you are in the wrong.
If you wanted to check the text message you should have pulled over. There is a bigger negativity about mobile phones. How many people have ever been killed by turning up the volume on a radio? It may be the same, but mobile phones can be distracting. The text might have been 200 characters long and you might have still been reading it when you drove off.
Most people can adjust their radio without even looking down, and even if they do, its normally preset and they'll only glance at it (which can still be dangerous) When you get a text you have NO IDEA what it's going to be. It could be an essay, it could be bad news. It'll certainly distract you for a longer period of time.
Just out of curiosity, how did they notice? Was there a cop in the car next to you or something?
Look you can argue about the stupidity of a law all you want, however, that doesn't change the fact that you broke an active law. That's just bad luck, I use my GPS in the car pretty often, so that's fine but if I use something like google maps on my phone that would be illegal. Bad luck until they change that law.
Pay the fine. You will surely cover up/save enough money by using ozbargain website in just couple of months. Guaranteed!
ahhaha 'make up the money using ozbargain….. well that depends….
I seemed to have purchased more things in the last half year of joining Ozbargain than I ever did in the past 6 years of marriage lol…. granted.. all on discount… but yeah…. i probably would still be alive and well and a bit more in pocket if I didnt purchase bargains LOL
Cateyneow,look.Yes,yes it's painful,yes it sucks,BUT what you did was WRONG.Last year (Christmas eve actually),my husband and i were picking up an item from ebay and had our trailer on to collect it.We had a year from hell (i had 5 miscarriages,was unfairly sacked from my job of 12 years due to no fault of my own,was told my career of 27 years was probably over,had to go to court over the dismissal,and fight a health service who threatened to get barristers in who would "crucify me"and disclose every thing about me.Along with other things,i won't go into here,caused us to forget the trailer's rego hadn't been re-newed.Long story short,we were pulled over,fined $560 for our trouble,and told that was it.Hubby asked if he could drive directly home,then go to RTA next available day,to which the cop said "no,if you get caught,you will be fined again,but if it's me,i won't ".He then saw us go,radioed his mate 200mtrs up the road and must have told them to look for us,as then another cop came to us.BEFORE he even did a u turn,the ORIGINAL cop,came behind,pulled us over and yep,BOOKED US AGAIN (NOW $1120 WWORTH OF FINES….ON CHRISTMAS EVE,AFTER HE SAID HE WOULDN'T.)We tried to contest that (everyone said it was wrong,and clemency would be ours….WRONG).His perfect record,our story of the previous personal issues etc did not help us…yet we were fined more than 3 times what we would have if we had been driving 4 times over the limit,or drugged to the eyeballs.SUCK IT UP,PAY THE FINE AND LEAVE THE PHONE ALONE IS THE MORAL TO THIS TALE…YOU DON'T HAVE A HOPE IN HELL (PLUS YOUR UP FOR COURT COSTS IF YOU LOSE,WHICH YOU WILL.YOUR CHOICE)
If Victoria is anything like NSW, then you're stuffed I'm afraid; we just got a slew of new laws to cover this scenario quite clearly…just pay it & learn from it! :(