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Driving and Mobile Phone use.....


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#1 Wot*A*Lot*Of_____

Posted 22 August 2019 - 01:11 PM

Was just watching tv and the police pulled a woman over for talking on her phone.
She swears black and blue she wasn’t on the phone, but the police swear she was.
Has anybody ever just thought to ask for a look at the phone to see when the last incoming or outgoing call was made?


#2 seayork2002

Posted 22 August 2019 - 01:14 PM

but you can be on the phone on the internet or something rather than 'on the phone' the tech people may be able to prove something though? if they wanted to go to length

Personally I am totally sick of people on phones driving but if someone says they are not and the police say they are I can't say they were or not but they are on their phones all the time in our area because I see them.

#3 Murderino

Posted 22 August 2019 - 01:29 PM

I think you mean things like FaceTime SY? I think you can still see those in call history.

I wonder if police aren’t allowed to actually ask for the phone to look at call history, messages etc?

#4 seayork2002

Posted 22 August 2019 - 01:36 PM

View PostMurderino, on 22 August 2019 - 01:29 PM, said:

I think you mean things like FaceTime SY? I think you can still see those in call history.

I wonder if police aren’t allowed to actually ask for the phone to look at call history, messages etc?

could be that too but I meant more just on the internet/using general aps etc. so not only texting/phoning someone

#5 Soontobegran

Posted 22 August 2019 - 01:48 PM

I bet she was on it or touching it.
Police don’t make this sh*t up.
They know if she appealed her records can be double checked with the time of the ticket.

#6 Murderino

Posted 22 August 2019 - 02:00 PM

View Postseayork2002, on 22 August 2019 - 01:36 PM, said:

could be that too but I meant more just on the internet/using general aps etc. so not only texting/phoning someone

Oh I understand what you meant now, yes that would be harder to prove.

My sister works with VicPol and heard a story about a woman who pulled out of a drive-thru still poking her change back into her wallet.  She uses one of those phone wallets that flip open and she was fined for using her phone. Don’t know if she appealed it or not.

#7 lozoodle

Posted 22 August 2019 - 02:06 PM

I got accused of it one time! I was sitting at a set of lights and a cop was in a nearby street and did the full humilating lights and pull over shindig.

I was actually picking at a pimple in my ear (gross but true) and they wouldn't hear it, just kept talking over me that I was on my phone and being borderline aggressive towards me. I said my phone was in my gym bag which was in the boot if they'd like to check and he cut me off saying that wont be necessary, we saw you on the phone blah blah blah. In the end they backed down and I got a 'stern warning'. That was years ago, but i still think of it every time I mindlessly play with my earring or whatever when sitting at traffic lights lol.

I put it down to bored highway patrol on a power trip.
It is so obvious when someone is using their phone now while driving through, i see it all the time, people looking down at their lap constantly. It doesn't take a genius to figure it out!

Oh ,edit to add I also got the third degree about why I was just a P plater (was 25 at the time). Apparently it wasn't plausible that I had only just got my license and maybe I had lost it for traffic offenses before!  Forgot about that bit. What a jerk.

Edited by lozoodle, 22 August 2019 - 02:08 PM.


#8 Feral-as-Meggs

Posted 22 August 2019 - 02:15 PM

There was one on Highway Patrol or similar where she denied being on her phone, on the basis it was in her office.  After the cops fined her and she was driving off, they got her number from their database and called her up and she answered.   Doh.  



#9 Froyo

Posted 22 August 2019 - 02:18 PM

Just touching the phone while driving is an offence.

#10 YodaTheWrinkledOne

Posted 22 August 2019 - 02:30 PM

I put my phone in my handbag behind the drivers seat, just to make sure I am not tempted to use my phone at all while driving.

If the kids ring me using facetime (they don't have phones, just their ipads), I can still answer it using the car buttons on the driving wheel.

The fines (and the consequences) aren't worth it.

Phone useage does get tracked/examined by police during the investigation of crimes, but I am not sure they would go to that effort for a on-the-spot fine. However, many police cars has dash/cams etc, so there is more surveillance than what many people would realise.

#11 SkeptiHandsOnMum

Posted 22 August 2019 - 02:35 PM

View PostMurderino, on 22 August 2019 - 02:00 PM, said:

My sister works with VicPol and heard a story about a woman who pulled out of a drive-thru still poking her change back into her wallet.  She uses one of those phone wallets that flip open and she was fined for using her phone. Don’t know if she appealed it or not.
This would still be an offence in some states - touching your phone, regardless of what you were doing with it can be an offence.

Even her wallet was not attached to her phone, she could be charged with driving without due care and attention. Distraction comes in many forms.

Edited by SkeptiHandsOnMum, 22 August 2019 - 02:35 PM.


#12 seayork2002

Posted 22 August 2019 - 02:38 PM

One thing I don't understand is there is a fine for touching a phone but using the radio/sat nav/fiddling with the aircon/using hands free etc. there is no fine?

#13 born.a.girl

Posted 22 August 2019 - 02:39 PM

I couldn't believe what I read here a few months ago - that it is o.k. to pass your (presumably ringing) phone to another person in the car.  Not sure if that was Vic or Australia wide.


I did also learn (and I didn't know this) that you CAN use your phone while the motor's running, PROVDED you are legally parked, which obviously doesn't include the emergency lane of a freeway or somesuch.

#14 seayork2002

Posted 22 August 2019 - 02:41 PM

View Postborn.a.girl, on 22 August 2019 - 02:39 PM, said:

I couldn't believe what I read here a few months ago - that it is o.k. to pass your (presumably ringing) phone to another person in the car.  Not sure if that was Vic or Australia wide.


I did also learn (and I didn't know this) that you CAN use your phone while the motor's running, PROVDED you are legally parked, which obviously doesn't include the emergency lane of a freeway or somesuch.

I am not saying you are wrong at all! but I heard if you use your phone parked with the engine off you can be fined

I am now worried we are all hearing different things! (mind you I am guessing we are all in different states)

#15 born.a.girl

Posted 22 August 2019 - 02:43 PM

View Postseayork2002, on 22 August 2019 - 02:38 PM, said:

One thing I don't understand is there is a fine for touching a phone but using the radio/sat nav/fiddling with the aircon/using hands free etc. there is no fine?


It's not logical, the reason the phone rules have come about is because so many people lied about the reason the phone was in their hand - swearing they'd just picked it up to look at the time, when in reality they were on the phone, or texting.

Understandably, the police are then going to take the line of least resistance and just ban touching it.  I should imagine if your car's upside down on a dirt road and you're trapped in your seatbelt, you're not going to get fined for using your phone. Some common sense can be expected.

Texting is the worst, because the whole topic you're dealing with is unrelated to what you're doing.

Texting 'yes' or 'no' when stuck at traffic lights is no doubt safer than fiddling with something that's not working properly, but the line has to be drawn somewhere.

Give people and inch and they'll take a mile.

#16 YodaTheWrinkledOne

Posted 22 August 2019 - 02:47 PM

View Postborn.a.girl, on 22 August 2019 - 02:39 PM, said:

I couldn't believe what I read here a few months ago - that it is o.k. to pass your (presumably ringing) phone to another person in the car.  Not sure if that was Vic or Australia wide.


I did also learn (and I didn't know this) that you CAN use your phone while the motor's running, PROVDED you are legally parked, which obviously doesn't include the emergency lane of a freeway or somesuch.
I don't think that is true for some states. For some states, if the motor is running, it is illegal to touch or use your phone unless (a) it's held in a stationary dock and (b) it's only to answer/make a call (ie. you can't use an app, search the web, etc)

#17 MessyJ

Posted 22 August 2019 - 03:13 PM

View Postseayork2002, on 22 August 2019 - 02:38 PM, said:

One thing I don't understand is there is a fine for touching a phone but using the radio/sat nav/fiddling with the aircon/using hands free etc. there is no fine?

Technically you still could if you were being inattentive or distracted while driving. A friend of mine was pulled over for eating an apple while driving!!

#18 casime

Posted 22 August 2019 - 04:05 PM

I got pulled over one day, because I'd had my elbow on the edge of the window and was resting my head on my hand at a traffic light.  It was only the fact that the phone was in the boot of the car, and completely of charge, buried at the bottom of my handbag that saved me.  I've been very careful about sitting like that ever since, and always put my bag in the boot, just in case.

#19 Soontobegran

Posted 22 August 2019 - 04:06 PM

View Postborn.a.girl, on 22 August 2019 - 02:39 PM, said:

I couldn't believe what I read here a few months ago - that it is o.k. to pass your (presumably ringing) phone to another person in the car.  Not sure if that was Vic or Australia wide.


I did also learn (and I didn't know this) that you CAN use your phone while the motor's running, PROVDED you are legally parked, which obviously doesn't include the emergency lane of a freeway or somesuch.


Pretty sure you have to be pulled over and the keys out of the ignition.?

#20 hills mum bec

Posted 22 August 2019 - 04:09 PM

It has been in the media recently that it is illegal to use your phone to pay for your meal while in a drive through.  

https://www.abc.net....torist/11384228

#21 Soontobegran

Posted 22 August 2019 - 04:13 PM

The fact is that every single day I am on the road with inattentive maniacs and I am sick of it.

The phone needs to be in a cradle to take calls, the phone if touched at all is a presumption of usage. It is not legal to use your phone at the traffic lights.
Look down at your phone you are essentially blindfolded. Nobody wants to think about the decapitations that happen as inattentive drivers drive under the tray of a truck because it will never happen to them or their family apparently.


ETA....EB is full of deniers. EB is clearly not representative of the norm.

I'd rather be pulled over to be checked that I am not on the phone than not be. At least it means that the police are trying to police it.

Edited by Soontobegran, 22 August 2019 - 04:15 PM.


#22 Murderino

Posted 22 August 2019 - 04:20 PM

I couldn’t understand why someone was driving 20km per hour under the limit in fine conditions the other day.  Then we got to traffic lights where I pulled alongside because I was turning - they were on the phone which had clearly distracted them so they didn’t see the several 80 signs they drove past.

#23 Dianalynch

Posted 22 August 2019 - 04:30 PM

can't stand it when  people use their phone while driving...your call or text is so much more important than someone else's life?

#24 amdirel

Posted 22 August 2019 - 04:41 PM

To PP's saying "I heard" and "I think", can I just point out the obvious and google your own states laws? Don't rely on what you've heard. You really should be sure, unless you want to risk a fine.

I found it interesting reading the lengthy list of fines, honestly you can get fined for so much more than I thought. Here's one I had no idea about- in NSW you can get fined for a passenger watching video on their mobile, if it's in view of the driver.
I recommend reading the list of fines, there's a lot of uncommon things on there. And don't think that no one gets fined for them either, all it takes is for a bored highway patrol to see you and decide to pull you over. I unfortunately know that from recent experience!

#25 MarigoldMadge

Posted 22 August 2019 - 04:42 PM

There's a really short cycle green right arrow near me, where it seems like every time I use it, the front car must be on their phone as it requires honking from the rest of us for them realise it's green.

With an attentive front driver 3-4 cars can get through - now it feels like we're lucky if two get through.




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