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Old 06-06-2007, 02:52 PM   #91
Zoink
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Good on him for contesting the charge and to highlight a road rule that needed clarification.
It would have cost a lot more then the $180 fine to take it to the Supreme Court.

http://www.abc.net.au/news/newsitems...6/s1943653.htm
Quote:
The South Australian Government is being urged to compensate an Adelaide driver who was fined for using a hands-free phone.

Mark Burns lost an appeal in the Supreme Court and was fined $180 without conviction.

It prompted the State Government to make an urgent change to the road rules to make sure that drivers could use hands-free mobile phones.

The State Opposition's emergency services spokesman Stephen Wade says Mr Burns deserves an ex-gratia payment to cover the cost of his fine.

"He shouldn't have to bear this inordinate cost of highlighting the issue," he said.

"I think he's done us all a service by making sure that the law is updated to bring it in line with national recommendations and community expectations.

"We believe in this case it is appropriate that the driver be compensated."
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Old 07-06-2007, 03:33 AM   #92
SDKC
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Quote:
Originally Posted by XRchic
- adjusting heater/aircon/climate control controls?
- swatting a fly in front of your face?
- adjusting the stereo (radio channel, volume, CD track?)
- winding the window up or down?
- turning headlights/beam on or off?
- checking your speed on your speedo (every 5 secs in Vic)?
- waving to someone you know in another car?
- trying to find a parking space on the left side of the road?
- trying to get across 4 lanes on a highway in peak hour?
- scratching your right ear?
- checking your rear view mirror, side mirror or adjusting them?
- checking your blind spot?
- driving in heavy rain or driving at night?
- driving past a school at school times, road works or an accident?
- driving along side a cyclist?
- driving along side a bus or a tram?
- driving along side anything?!
- looking at the prices of petrol as you drive past service stations?
- trying to find a petrol station?
- sneezing?
- thinking about what you are going to cook for dinner?
- singing to your favourite song on the stereo?
- driving a brand new car/other car that you are not immediately familiar with (such as brake or clutch feel, accelerator feel, power, adjustements, wiper controls, dash controls, etc)
- stomping on the brake pedal when you think you see a speed camera, out of habit, whether you are speeding or not?
-
If you had an accident whilst doing these things, then (in Victoria) you are looking at Careless driving at a minimum. Doing them and not having an accident is fine, no rule against them.

Using a hand-held mobile phone whilst driving is an offence.
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Old 07-06-2007, 04:15 AM   #93
DOC
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Quote:
Originally Posted by XRchic
- looking at the prices of petrol as you drive past service stations?
....-
That in itself poses a very valid question, If one cant attend normal car duties without being in fear of some driving charge for distraction / dangerous driving, Does this open up liability to all shop owners / petrol stations or any one displaying a sign / banners or streamers ?

These items distract your attention in the same as you mind would wander while speaking on a phone, I often will look at the flowers the flower seller has on the side of the road, look at furniture out the front of secondhand shops, or as stated petrol signs amongst many of the hundreds of daily distractions as i drive by, we all do.

And if deemed a distraction could a business be prosected then by having thier wavy sale banners out in the wind and you claiming the accident was caused by a distraction ? one that was put in place by the store owner.

Sounds all funny and yea right as if thats going to happen , what a stupid idea, ? no more stupid than the rules they are trying to push on us now.
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Old 07-06-2007, 09:32 AM   #94
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I agree with it 100%

act is people can not talk on the phone and drive safely.
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Old 07-06-2007, 01:21 PM   #95
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the decision by the judge has since prompted a rule change and it is now legal to use a hands free device, which is what this thread was about.

was all over the radio monday or tuesday here in s.a. all the do gooders can climb back in their boxes now and find something else to whinge about.
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