Mobile phone fine at melbourne airport

[Clancy]

Here is an interesting one.. i was waiting in the queue at T1 arrivals lane entering Melbourne airport. I looked at my mobile too see what time it was - i did not press any buttons, make any connection or put the phone to my ear, just looked at it while my foot is on the break waiting in line. Policeman walks over and asks me to move to one side and says i,m getting a fine for mobile use while driving!

I asked the policeman for a warning since i never use my phone while driving ,have never had any such fine, have no demerit points, and did not cause any risk at all to anyone in this situation. He did not care, its like he was on a mission to give the fine come what may - he said people get distracted and dont move forward when the queue moves, i said i did not do that, i am always paying attention, but no, i should get fined for what i 'might' do not what i did do.

Incidentally, i never noticed people not moving forward in a queue because of a mobile in my entire life... its either people who are daydreaming or looking in their bags that do it.

This is just the most pathetic scraping the bottom of the barrel 'technical breach' at its worst, it's an insult to genuine road safety and the police force.... Apparently what i did is as dangerous as driving 25kph over the speed limit - according to the demerit points!! its just madness.

Strangely he did not actually hand me a ticket or inform me of the number of demerit points or fine amount? I am from NSW if that matters?

 

[Rod]

Do you have a question?

BTW, I agree with your comments, and police wonder why more and more people don't respect them.

Many many years ago I was given a warning and it increased my respect for the police.

Blind adherence to enforcement of technical breaches is changing attitudes to police, and not for the good. And too commonly when a legitimate grievance is taken to police for their assistance they are too busy or it's a 'civil matter'. Civil engagement by police needs improving. Not sure if the primary school and secondary school programs still exist.

 

[Clancy]

Do you have a question?

BTW, I agree with your comments, and police wonder why more and more people don't respect them.

Many many years ago I was given a warning and it increased my respect for the police.

Blind adherence to enforcement of technical breaches is changing attitudes to police, and not for the good. And too commonly when a legitimate grievance is taken to police for their assistance they are too busy or it's a 'civil matter'. Civil engagement by police needs improving. Not sure if the primary school and secondary school programs still exist.

 

[Clancy]

Sorry, yea my question is any advice on how to handle this?
I was thinking of writing in and asking for it to be reduced to a warning.
The grounds for the request will be as follows;
A) i have no previous mobile phone convictions (or even warnings)
B) i have no demerit points on my license
C) i have no motor vehicle accidents in like 20 years
D) i requested a warning which the officer rejected and the reason given was his encounters with other motorists. Well i am not those other motorists, i did not do what they did, my request for a warning should be considered on my individual circumstances alone.
E) There was no risk to the public resulting from this event.
F) I was queued at a non open road terminating into the passenger pickup area at the airport with no possibility of changing traffic conditions,. fast moving traffic or traffic from different directions. Basically all the official reasoning to justify this type of penalty are not present in this situation.
G) Its really at the extreme limit of the legislation to prosecute this offense under these circumstances.
H) The penalty itself is extreme given the circumstances of the offense.
I) The penalty is extreme compared to other offenses, for example, i would have to speed 25kph over the speed limit to gain the same penalty speeding. It cannot be possible to justify my offense was as dangerous as that, my offense carried no risk under the circumstances that it occurred.
J) i have no history of not heading the advice given to me by police under warning.
K) I made a misjudgement that my actions would not be considered an offense under the circumstances i was in, but i was wrong, however, i would have happily listened to a warning and adhered to it.