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WA Contest Infringement for Using Mobile in Car?

Discussion in 'Traffic Law Forum' started by samcss, 1 September 2014.

  1. samcss

    samcss Member

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    My husband just got issued an infringement for using a mobile in his car and will lose 3 demerit points plus $250 fine. However he was not calling anyone by just had a look at an sms he received. There is a customer in his vehicle while he was doing that and told the police that he was not calling anyone on his mobile but he still got issued the infringement.
    Is it worth contesting in court?
     
  2. Rod

    Rod Well-Known Member

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    No. "Using a phone" includes looking at the screen. You don't have to be on a call to be breaking the law. Looking at an SMS is arguably more distracting than talking.
     
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  3. Tim W

    Tim W Lawyer
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    Tell him to pay the fine, cop it sweet,
    and get on with his life.
     
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  4. Owens Lawyers

    Owens Lawyers Well-Known Member

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    No, as already stated here, it's still an offence.
     
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  5. Phildo

    Phildo Well-Known Member

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    1) Go to State Law Publisher - Western Australia
    2) Click on the “Click HERE for Western Australian Legislation Databases” button in the centre of the page.
    3) Ciick on Acts In Forace
    4) Click on “R”
    5) Click on Road Traffic Act 1974
    6) Click on Subsidiary legislation made under this Act
    7) Click on Road Traffic Code 2000

    It used to be a bit vague, but now you basically can’t even touch a mobile phone in any way unless it’s in some sort of cradle.

    On the positive side, you now know what to buy hubby for the next birthday/Fathers Day/Christmas. You can each buy one for the other.

    For a phone kit, I suggest the Parrot MKi9200. They’re expensive here in Australia, so get one via eBay US or Amazon US. It will cost you less than the cost of one phone infringement ticket.

    If by chance you’re going to put a phone kit in a late model Ford Falcon then get a line conditioner cable from ASL: ASL automedia Pty Ltd :: Cables :: ASL Auxiliary Line Conditioner - Now with volume adjustment - PRICE DROP

    Do some searching for a bracket to hold the phone in. Ram Mounts have got some good stuff - http://www.rammount.com

    (Heck, I need to read this stuff myself. Already got the Parrot kit for each car, but now I’m going to need to buy some brackets.)

    A quick copy & paste:

    265. Use of mobile phones

    (1) In this regulation —
    body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone’s mechanisms;
    held includes held by, or resting on, any part of the driver’s body, but does not include held in a pocket of the driver’s
    clothing or in a pouch worn by the driver;

    mobile phone does not include a CB radio or any other two-way radio;

    use, in relation to a mobile phone, includes any of the following actions by the driver of a vehicle —

    (a) hold the phone;
    (b) enter or place anything into the phone, or send or look at anything that is in the phone;
    (c) turn the phone on or off;
    (d) operate any other function of the phone.

    (2) A driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless —
    (a) the phone is being used to make or receive a phone call, other than a text message, video message, email or similar communication, and the body of the phone —
    (i) is secured in a mounting affixed to the vehicle while being so used; or
    (ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and
    the use of the phone does not require the driver, at any time while using it, to press any thing on
    the body of the phone or otherwise to manipulate any part of the body of the phone;
    or
    (b) the visual display of the phone is being used as a driver’s aid in accordance with regulation 264 and the
    use of the phone does not require the driver, at any time while using it, to press any thing on the body of the
    phone or otherwise to manipulate any part of the body of the phone.

    Points:
    (a) during a holiday period: 6;
    (b) other than during a holiday period: 3.
    Modified penalty: 5 PU.
    (3) For the purposes of this regulation, a driver does not use a mobile phone if —
    (a) a text message, video message, email or similar communication is received automatically by the phone;
    and
    (b) on and after the receipt, the communication itself, rather than any indication that the communication has been
    received, does not become automatically visible on the screen of the phone.
     
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