WA RTC2000 regulation 138 clarification

[spectrum]

I was given a $400 fine for passsing my mobile phone to my wife in the passenger seat. In the 3 seconds this took me, a cop on a motorbike just happend to drive past and catch it on helmet-cam. Great timing, I know.

I was stoppped in traffic in a turning lane about 50m from the red traffic light with my gear selector in 'park', my handbrake engaged and the engine running.

Regulation 138(f) of the Road Traffic Code says it's a defence to the prosecution of a driver if the driver stops...to comply with another provision of the regulations.

Could it be argued that by putting my gear selector in 'park' and applying my handbrake that I had stopped the car in order to comply with regulation 265 (use of mobile phones), or are "stopped" and "parked" two very different things? Any chance I could argue my way to a parking offence instead of a mobile phone offence?

 

[Rob Legat - SBPL]

I don't know the WA traffic regulations, but I'm going to say no to both. Any judge you get in front of is going to pick that argument apart so fast it will make your head spin.

 

[Clancy]

These cops have gone insane with mobile phone use penalties.... i got one while stopped and queued inside Melbourne airport in the passenger pickup lane that terminates to the passenger pickup area. The reason for allowing such penalty while stationary is because on the open road, traffic conditions can quickly change. But in the airport that is not possible, all the risk factors which are the reason for the legislation are not present and yet i get the fine.

It is because a rule is to be enforced because it is a rule, even without rhyme or reason.

In the Victorian regulations it does specifically say that you are allowed to handle a mobile phone while driving for the purpose of handing it to another passenger. However, that would not guarantee your safe to do that because it would be to the discretion of the police officer to decide if he thought that was the case or not, and if he thought not - too bad for you!