Police can legally use a mobile phone while driving

[Sprint]

I am on cycling forum and we often talk about road laws, one thing that came up is in SA emergency vehicles are exempt from the mobile phone while driving laws.

So a policeman can drive his car and ring maccas while pulling over people doing the same thing, maybe police are born with a third arm.

My reply was "lol at leading by example, show me a reason a policeman needs to use a phone,not pull over and make safety take a back seat.

Is this worth discussion?

[XBROO]

Yeah I have seen a couple on the phone while driving and traffic controling.

[Giant Cranium]

They can only if they are using it for work reasons. Do a search these stupid threads come up all the time. Cop bashing overload lately on this forum

[flappist]

Yep the law states that emergency services can use mobile phones while driving.

Would you like to have an ambulance pull over to make a call to find your house while you are dying of a snake bite or heart attack?

The phone law is to make it easy to stop idiots from wandering all over the road while texting or updating their facebook status.

I suspect mentioning "cycling" and "doing dangerous things on the road" might open up a can of worms......

[AWD Chaser]

300 Use of mobile phones by drivers (except holders of learner or provisional P1 licences)

(1) The 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) or to perform an audio playing function 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 to otherwise manipulate any part of the body of the phone, or

(b) the phone is functioning as a visual display unit that is being used as a driver’s aid and the phone is secured in a mounting affixed to the vehicle, or

(c) the vehicle is an emergency vehicle or a police vehicle, or

(d) the driver is exempt from this rule under another law of this jurisdiction.

Maximum penalty: 20 penalty units.

Note 1. Emergency vehicle, park and police vehicle are defined in the Dictionary.

Note 2. See rule 299 (2) for examples of driver’s aids.

Note 3. Subrule (1) is not uniform with the corresponding subrule in rule 300 of the Australian Road Rules. Different rules may apply in other Australian jurisdictions.

(2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle only if:

(a) the mounting is commercially designed and manufactured for that purpose, and

(b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

(3) For the purposes of this rule, a driver does not use a phone to receive a text message, video message, email or similar communication if:

(a) the communication is received automatically by the phone, and

(b) on and after 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.

(3–1) This rule does not apply to the driver of a vehicle who is the holder of a learner licence or a provisional P1 licence.

Note 1. Provisional P1 licence is defined in the Dictionary and learner licence is defined in the Act.

Note 2. Rule 300–1 provides for the use of mobile phones by drivers who are holders of learner licences or provisional P1 licences.

Note 3. This subrule is an additional NSW subrule. There is no corresponding subrule in rule 300 of the Australian Road Rules.

(4) In this rule:affixed to, in relation to a vehicle, includes forming part of the vehicle.
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 a driver:

(a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle,

(b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone,

(c) turning the phone on or off,

(d) operating any other function of the phone.



emergency vehicle means any vehicle driven by a person who is:

(a) an emergency worker, and

(b) driving the vehicle in the course of his or her duties as an emergency worker.

Note 1. Emergency worker is defined in this Dictionary, and vehicle is defined in rule 15.

Note 2. Drive includes be in control of—see the definition in this Dictionary.

Note 3. This definition is not uniform with the corresponding definition in the Dictionary of the Australian Road Rules. However, the Australian Road Rules allow another law of this jurisdiction to make provision for what is an emergency vehicle for a provision of the Australian Road Rules. Different definitions may apply in other Australian jurisdictions.

emergency worker means:

(a) a member of the Ambulance Service rendering or providing transport for sick or injured persons, or

(b) a member of a fire brigade, rural fire brigade or the State Emergency Service providing transport in the course of an emergency, or

(c) a person (or a person belong to a class of persons) approved by the Authority.

Note 1. Authority is defined in the Act.

Note 2. This definition is not uniform with the corresponding definition in the Dictionary of the Australian Road Rules. However, the Australian Road Rules allow another law of this jurisdiction to make provision for who is an emergency worker for a provision of the Australian Road Rules. Different definitions may apply in other Australian jurisdictions.

In other words, any one that is a member of the Ambulance Service, member of a fire brigade, rural fire brigade or the State Emergency, or a police officer can use a phone while driving...

[RedHotGT]

Strangely enough - Police are actually allowed to do quite a few things that normal people aren't allowed to do.

For instance:
Carry a loaded weapon.
Drive above the speed limit.
Physically restrain you for arrest.
Enter private property.
etc etc...

They are police - they are granted powers above the 'regular' citizen because it is understood at times they are required to perform difficult duties that may require the above examples (and others) to do their job - which is ULTIMATELY - protecting us.

If that's all you've got to whinge about - you're doing okay.....

[Sprint]

I find it hypocritical after all the science saying its so so bad, sure a ambulance life or death situation but police have radios ect to do their job,to poilce what type of emergency call comes to the via mobile phone?

Cant see why they can pull over like everyone else.

[AWD Chaser]

Originally Posted by Sprint

I find it hypocritical after all the science saying its so so bad, sure a ambulance life or death situation but police have radios ect to do their job,to poilce what type of emergency call comes to the via mobile phone?

Cant see why they can pull over like everyone else.

At the end of the day, it a very small minority that are allowed to do it. And if they cause an accident from it, they are not immune from that - they cop the full consequence...

I would hate to think that the once time a Police Officer needed to call me if I was in an emergency, that a silly rule would delay him from helping me...

IMHO, emergency workers need clearer and more exemptions from certain rules.... but this is another topic...

[flappist]

Originally Posted by Sprint

I find it hypocritical after all the science saying its so so bad, sure a ambulance life or death situation but police have radios ect to do their job,to poilce what type of emergency call comes to the via mobile phone?

Cant see why they can pull over like everyone else.

Seriously?

You cannot understand that emergency vehicles are used for emergency situations where the risk of using a phone is far less than the risk of not using one?

Or are you just being argumentative.......

[jpblue1000]

they can speed and they carry guns and can shoot people, kick doors in and can imprison you against your will. they are specially trained to do these things unlike the general public, they are also trained in the appropriate use of these powers, so more power to them, if thats whats required to do their job.
JP

[The Yeti]

Originally Posted by jpblue1000

they can speed and they carry guns and can shoot people, kick doors in and can imprison you against your will. they are specially trained to do these things unlike the general public, they are also trained in the appropriate use of these powers, so more power to them, if thats whats required to do their job.
JP

And these things arnt at their wim, there are very strick guide lines for them to work with in while doing this

[geckoGT]

Originally Posted by The Yeti

And these things arnt at their wim, there are very strick guide lines for them to work with in while doing this

There are very strict department code of conduct rules on this, any reported use of phones whilst driving has to be able to be justified or disciplinary action will result.

[scottyg938]

Originally Posted by Sprint

I find it hypocritical after all the science saying its so so bad, sure a ambulance life or death situation but police have radios ect to do their job,to poilce what type of emergency call comes to the via mobile phone?

Cant see why they can pull over like everyone else.

There are a lot of things that can't be discussed over the radio and in an emergency situation they don't exactly have time to pull over and make that call.
They're aloud to for a reason, they're not just driving around ordering their dinner for the night.

[RedHotGT]

Originally Posted by Sprint

I find it hypocritical after all the science saying its so so bad, sure a ambulance life or death situation but police have radios ect to do their job,to poilce what type of emergency call comes to the via mobile phone?

Cant see why they can pull over like everyone else.

So - under the same theory we should ban Truckies from using CB radio too... same distraction as a mobile phone....

The truckies should just pull over each time they need to use the radio - right?

[geckoGT]

Yes it is legal for police and other emergency services to use a mobile phone while driving for work related matters.

Having said that, with privileges comes responsibility and trust me when I say that if we were in an accident whilst on a phone there would be greater consequences for us than the average road user.

You need to understand that for the police and other emergency services the volume and complexity of information that needs to be passed is either too sensitive or not able to be passed over the radio.

Additionally, think about it. A phone in your hand or a microphone, what is the difference?

[grandpa_spec_F6]

As much as I dont like the whole "one rule for us /them" this is a situation where I would prefer to let that go in favour of a quick response. If that means using a mobile phone so be it.

[FGII-XR6]

this seems to be cop bashing month do we really need another anti cop thread like this. just a waste of bandwidth.

[geckoGT]

Sometimes cop bashing on open forum has a use that important reasoning can be explained rather than allowing close minded opinions to exist in the shadows without challenge. This thread shows me that there are some who are willing to listen to logic and challenge the opinion that is commonly held by others.

[MercurySilver]

whats the prob?
why does every thread that questions what hte police can do automatically be called a cop bashing thread????
i dont see this thread as that at all
i think some of you read into it way too much


anyhoo
why on earth would you use it in one hand while driving??
put it on voice command
this should be built into every cop car and emergency service vehicle on the streets
speak the commands and then its 100% hands free then we wouldnt have people complaining that its 'one law for them and a diff one for us'
we wouldnt have this thread
and the people who are allowed to use mobiles while driving would be bale to do so safely

then NO ONE would be able to have phone in hand while driving
then it would be safer

how hard s it to come up with a solution ffs???
voice command
its not rocket science

[MercurySilver]

LOL
pallets of food would take two weeks from melb to adelaide

[strobe]

I'm more interested in the pouch wearing drivers.

[xisled]

About 2 weeks ago in Altona, I came across a Divvy Van the cop driving was talking on the phone. I am sure he was using it for work as he took off soon after with lights and sirens. But the way he was driving while talking, was pretty bad, he was all over the 2 lanes, nearly took out the car driving next to him. I stayed in the right lane behind him because I needed to turn right at the roundabout.

When we got to the roundabout, the cop car just sat there. I was sitting there waiting to turn right. Waited about a minute, no traffic coming. I think that he finished his convo on the phone and took off with lights on. I did not want to go around the cop, because I have been booked in the past for something similar.

But his driving was bad while he was on the phone. But I do see a need for the phone use thing.

A bit off topic, but anyway. I love when people yell to the coppers our taxes pay your wage. This guy yelled it out to the copper at Easternats last year and the cop turns around and said I pay taxes to, so I must be paying my salary to. I though that was funny.

[MercurySilver]

just fit every car with voice command
good lord we sent a rover to mars ffs

if they wanted to stop it then someone would be getting this going and then NO ONE on any road in any vehicle would have to put a phone in their hand

just out of curiosity
are they saying talking leads to the accidents or the actual driving with one hand on the wheel and one on the phone leads to the inattention?

hopefully its the later as it would be a pretty boring drive if you couldnt speak full stop!

[xisled]

Originally Posted by MercurySilver

just fit every car with voice command
good lord we sent a rover to mars ffs

if they wanted to stop it then someone would be getting this going and then NO ONE on any road in any vehicle would have to put a phone in their hand

just out of curiosity
are they saying talking leads to the accidents or the actual driving with one hand on the wheel and one on the phone leads to the inattention?

hopefully its the later as it would be a pretty boring drive if you couldnt speak full stop!

I think it is more about taking there eyes off the road, looking at the phone and going through text msgs, facebook, trying to find a phone number and such.

[MercurySilver]

good point
so voice command
all phone numbers used are stored and activated by saying a name or a number

saw a guy in a van when driving to work yesterday coming towards me
noticed he had something on the steering wheel
it was either a map or a paper
stupid thing was he had someone sitting beside him that couldve looked at the map or read him the paper
crazy
we've had two accidents in the barossa in the last two days
tourists and inattentive driving, pulling out into traffic thats doing 80 and 90kmh
its quite bad on the roads with them
you come around a corner doing 90 and they are just out of sight doing 60
they pull half over not indicating and driving in the bike lane trying to let you pass, but there isnt room as traffic is coming the other way, like trucks, and i dont really want to get to close to them!

[Dalonian]

As an Ambulance Paramedic I too am allowed to use a mobile phone when driving (at work). Though i've never understood quite why. The Police carry the same basic equipment we do, same radio, same mobile data terminal to receive jobs. We don't have a mobile phone for the ambulance, we receive all jobs through the MDT or via radio. Ambulances even have a push to talk button fitted where the clutch would normally be, so you can talk while having both hands on the wheel. So I really don't get why we are exempt. It's a dangerous practice and should be amended.

[Sprint]

Originally Posted by Black_BF_mKII

As an Ambulance Paramedic I too am allowed to use a mobile phone when driving (at work). Though i've never understood quite why. The Police carry the same basic equipment we do, same radio, same mobile data terminal to receive jobs. We don't have a mobile phone for the ambulance, we receive all jobs through the MDT or via radio. Ambulances even have a push to talk button fitted where the clutch would normally be, so you can talk while having both hands on the wheel. So I really don't get why we are exempt. It's a dangerous practice and should be amended.

this...thankyou

[geckoGT]

Originally Posted by Black_BF_mKII

As an Ambulance Paramedic I too am allowed to use a mobile phone when driving (at work). Though i've never understood quite why. The Police carry the same basic equipment we do, same radio, same mobile data terminal to receive jobs. We don't have a mobile phone for the ambulance, we receive all jobs through the MDT or via radio. Ambulances even have a push to talk button fitted where the clutch would normally be, so you can talk while having both hands on the wheel. So I really don't get why we are exempt. It's a dangerous practice and should be amended.

What state do you work in?

Ours do not have a floor mounted switch for the radio, you have to use a hand held microphone.

Also radio signal is not encrypted, that would require a radio upgrade throughout the service to digital radio which would cost millions. Non secure communication is not suitable for the passing of medical in confidence information considering every tow truck driver scans our radio.

Phone hands free connectivity, Mercedes sprinters do not have it which would require a retrofit costing perhaps $200-300 per vehicle. Multiply that by a fleet of a few thousand vehicles and the cost is over $500k. Who pays for that?

Important fact, I use my mobile for work whilst driving once or twice a year to warn a hospital that our patient state has changed for the worse and my partner is too busy in the back to make the call (always the first option). I highly doubt there is any paramedic that would find their requirement to call while driving more frequent than that. Our service has had no incidents that involved a driver on a mobile, the risk is not worth the cost.

[Dalonian]

Originally Posted by geckoGT

What state do you work in?

Ours do not have a floor mounted switch for the radio, you have to use a hand held microphone.

Also radio signal is not encrypted, that would require a radio upgrade throughout the service to digital radio which would cost millions. Non secure communication is not suitable for the passing of medical in confidence information considering every tow truck driver scans our radio.

Phone hands free connectivity, Mercedes sprinters do not have it which would require a retrofit costing perhaps $200-300 per vehicle. Multiply that by a fleet of a few thousand vehicles and the cost is over $500k. Who pays for that?

Important fact, I use my mobile for work whilst driving once or twice a year to warn a hospital that our patient state has changed for the worse and my partner is too busy in the back to make the call (always the first option). I highly doubt there is any paramedic that would find their requirement to call while driving more frequent than that. Our service has had no incidents that involved a driver on a mobile, the risk is not worth the cost.

Metro Melbourne, Victoria.

[flappist]

Originally Posted by Black_BF_mKII

As an Ambulance Paramedic I too am allowed to use a mobile phone when driving (at work). Though i've never understood quite why. The Police carry the same basic equipment we do, same radio, same mobile data terminal to receive jobs. We don't have a mobile phone for the ambulance, we receive all jobs through the MDT or via radio. Ambulances even have a push to talk button fitted where the clutch would normally be, so you can talk while having both hands on the wheel. So I really don't get why we are exempt. It's a dangerous practice and should be amended.

So you have never been in a situation where you needed to contact a person who was not on the ambo network such as SES or RFS etc. or a local to assist in navigation because the geniuses at 000 have sent you in the wrong direction and your satnav does not have the correct info for a country track?

Just in case your were not sure, the whole of Australia is not in Metro Melbourne......