WA Taking a photo for evidence whilst driving

[John2407]

Hi all
i have a scenario that i find interesting and would love an opinion.
A person driving a vehicle takes a photo on their mobile phone of a person who they think is commiting an offence. Can the defendent who has witnessed the plaintiff take the photo use the legal system to prosecute them for using a mobile whilst driving and can the plaintiffs photo ever be used as evidence???

 

[Rob Legat - SBPL]

(A) No. Infringements of traffic regulations can't be prosecuted by private citizens.
(B) Yes, but in submitting it they may be confessing to using a mobile phone while driving.

 

[Adam1user]

To overcome this issue, it is good to have a dashcam. This will accepted unlike using your mobile phone,
As for reporting an infringement, as Rob stated the one time is when there is an accident as a result (or damage) and the person taking the video will need to attend court.
I have a dashcam and I reported a taxi driver who went from far right of the road to the far left (3 lanes) and it was a miss accident, but I managed to move away, I went to the police to report it, (had the video and the licence plate), but the police informed as long as there is no accident they can not do anything.

 

[John2407]

Thankyou Adam and Rob.
I have never really thoughy about the intricacies of law and how every action has a reaction. All very interesting. I have also recently heard of the courts trying to get family disputes to be worked out amongst themselves as it improves chances of resolution without resenent etc.

 

[Clancy]

If you see a major crime being committed while driving, you should present yourself as a witness and then make a point of telling then you had an opportunity to take a picture with your phone safely but did not because the law is too ignorant to permit such action.

 

[Dgraham62]

Are police officers permitted to use mobile phones whilst driving?