QLD Mobile Phone $1k Fine from Feb 1. Also includes passengers. - Page 5

MercuryT · 08-03-2020, 08:33 PM

Quote:

Originally Posted by Tassie f100

Bit of a bit of a heads up Mercury,2 kms does not constitute a straight highway

It's long enough to have an accident due to playing on instruments not focussing on the road.

Plus don't be condescending.

**GasoLane** · 08-03-2020, 08:53 PM

Quote:

Originally Posted by Tickford.

So young drivers on red P's (P1's) are apparently using walkie-talkies when out driving as a group, or during their car club driving days, because it is legal. Again, driving with one hand on the wheel and talking while driving. Add to that mix a manual gearbox.

How the hell is this legal and a phone in a cradle with a Bluetooth speaker not?? Using a walkie-talkie is exactly the same as using a CB radio while driving.

There are a lot of road rules that I don't agree with, nevertheless they are the rules and if I got caught braking them I got whacked.

Could I ask what your nephew did to lose the other points on his license?

Tickford. · 08-03-2020, 09:11 PM

Quote:

Originally Posted by GasoLane

Could I ask what your nephew did to lose the other points on his license?

As a P1 or P2 probationary driver (in VIC) you are allowed only 5 demerit points per 12 month period. The fine for looking at his phone while it was on Google Maps came with a loss of 4 demerit points. He now only has 1 point to lose in the next 10 months before he loses his licence. And probably his job.

And yet he is allowed to use a CB or a walkie-talkie while driving with one hand on the wheel?? Absolute F**KING joke!!

**GasoLane** · 08-03-2020, 09:20 PM

Quote:

Originally Posted by Tickford.

As a P1 or P2 probationary driver (in VIC) you are allowed only 5 demerit points per 12 month period. The fine for looking at his phone while it was on Google Maps came with a loss of 4 demerit points. He now only has 1 point to lose in the next 10 months before he loses his licence. And probably his job.

And yet he is allowed to use a CB or a walkie-talkie while driving with one hand on the wheel?? Absolute F**KING joke!!

I'd be fighting that in court.

Tickford. · 08-03-2020, 09:54 PM

Quote:

Originally Posted by GasoLane

I'd be fighting that in court.

How would you approach it? What would, or could you do in this situation regarding getting a win at a court hearing?

**GasoLane** · 08-03-2020, 10:04 PM

Quote:

Originally Posted by Tickford.

How would you approach it? What would, or could you do in this situation regarding getting a win at a court hearing?

Have a chat to someone at Legal Aid.

Tickford. · 08-03-2020, 10:21 PM

Quote:

Originally Posted by GasoLane

Have a chat to someone at Legal Aid.

We did. We (nephew, his parents and myself) wanted to fight it. I took time off work and approached 2 law firms myself. But as said earlier in the thread, the wording used on the fine was something like 'using a mobile phone on a restricted licence, namely a P1 probationary licence'. That, according to the legal help, was/is a dead end no matter if he was just looking at Google Maps.

My nephew lost about a weeks wage to pay the fine. After seeking legal advice, he wasn't keen on losing more money fighting what seemed like a losing battle, with time off work and legal fees etc.

Putting it simply, it was blatant revenue raising. And nothing else. The copper could clearly see he was doing the right thing with the phone in a cradle and not touching it whatsoever. Just looking at Google Maps. She could've just given him a warning considering, he explained he needed to get to a work site and wasn't touching the phone at all, he was also in a signed work van at 9:30am, never had any previous driving infringements, was just simply following the map to get to a work site. But nNOOO, she probably needed to meet a quota for the day, so stung him. Revenue raising at it's best.

Citroënbender · 08-03-2020, 10:36 PM

For NSW, I can't be certain it applies currently, but in the past a matter that was determined under Section 10 (1)(a) meant you didn't get the statutory ping. Offence was deemed proven, no further penalty, no conviction recorded. IOW, no loss of points.

Other states are likely to have similar provisions. To minimise costs/penalties (if any applied) should a matter be unsuccessful, current financial documents can be handed up.