Bluetooth hands free whilst driving banned in South Australia

[Janus]

This is just getting insane in South Australia.

Originally Posted by The Advertiser

'Hands-free' rules in limbo

THE State Government cannot say when it will process regulations that have already been approved to make legal the use of hands-free mobile phones in vehicles.
The paperwork delay has been a costly case of bad timing for a local tradesman.

South Australia's Supreme Court ruled during the week that the use of hands-free phones while driving was an offence, with Justice Tom Gray dismissing an appeal by roofing contractor Mark Patrick Burns, who had been fined for answering a call through his Bluetooth wireless connection.

Mr Burns, 45, of Collinswood, was caught by police as he pressed a button on his phone and began talking while stopped at traffic lights on Richmond Rd, Marleston, on March 6 last year.

In his judgment, Justice Gray said Burns had breached federal law by:

DIVERTING his attention from the road.

LOOKING at his phone's caller ID display.

REMOVING one hand from the steering wheel.

PRESSING the phone's buttons with his thumb.

"It is clear that the legislature intended to prohibit any ordinary use of a hand-held mobile phone," Justice Gray said. "This does not mean (it) must be held in the hand at the time of use."

The federal law – Australian Road Rule No. 300 – says a driver "must not use a hand-held mobile phone" when a vehicle is moving, or is stationary "but not parked".

However, the National Transport Commission amended Rule 300 late last year to make hands-free phones legal.

National Transport Commission spokesman Paul Sullivan said: "The rule has been amended, it's just a matter of the individual state governments moving it through Parliament.

"The intention of making the amendment was to clear up any misunderstandings on what the use of a hand-held mobile phone was.

"The amended version of the rule states quite clearly that the driver of a vehicle must not use a mobile phone that the driver is holding in his or her hand while the vehicle is moving. It means that hands-free kits are not illegal under this amended law."

A spokesman for Road Safety Minister Carmel Zollo said the amendment was going through the required process but she could not give an indication of when it might be finalised.

He also said the Government was examining the court's ruling to determine its implications.

Mr Burns said he could not believe the decision on his appeal. "All I did was push one button," he said. "I got pulled over two years previously for holding my phone up to my ear, so when I bought this car, I said I want Bluetooth so that I wouldn't have to hold my phone up to my ear.

"In my mind, I was doing everything to try and do the right thing. It's upsetting because there's no difference to pushing any other button in your car and you see taxi drivers and they're pushing buttons all the time, so how come they don't get done?

"Everyone's using them. I'm willing to go on further to fight it. I don't think it's right."

The only avenue of appeal for Mr Burns would be the High Court. His lawyer Tony Rossi said "careful consideration" would be given to the pending changes to the road rules before deciding whether to go ahead with a further appeal.

"The real concern here is why was it worded so vaguely to begin with to create this difficulty," he said.

Federal Chamber of Automotive Industries chief executive Andrew McKellar said:

"The reality is we have thousands and thousands of people using hands-free kits every day and they haven't found themselves in the same situation.

"The court in this case have made a particular ruling . . . whether it's the outcome in another case, I don't know."

Honestly we now have this so you can't even use Bluetooth devices whislt driving. I know it makes sense not to be allowed to hold a phone, but are we really so stupid we can't carry on a conversation whilst driving! Plus starting this week you aren't allowed to smoke in a car if any passanger is under the age of 16. I mean I am not a smoker or a smoking fan and I don't think you should smoke with children in the car, but surely this is the responsibility of the parents, not the police. If you want to kill your children with smoke then it is your choice. Plus I personally think the police have better things to do then pull over people for this.

[HondaF1]

Pathetic, Just Pathetic!!

[watto]

hahahaha, and I thought some Victorian rules were ridiculous!

[Brother Michael]

Oh......My......God....

That is just sad. Not funny, not ridiculous.....just sad. If nothing else then I would reeeeeally like to meet the officer who actually went ahead and pulled this poor man over. I mean what the fuck ???

I really do think the world as we know it is about to come to an end. Nothing makes sense anymore.

[unknownspeedster]

So basically,
- They ban us from using a phone while driving
- Now they ban from using bluetooth while driving

What next?
- They will issuse us tickets for sitting on the side of the road while talking on the phone (cause where in the way)
- Finally if a phone rings while we are driving, a vodoo style listening system, will automatically issued a million dollar fine and a billion demerit points

[jrl1018]

That is pretty rediculous that he was cited for looking at his phone and taking his hand (not hands) off of the wheel for what, a couple seconds? so now you cant look away from the road for a split second? What if a passenger speaks to you? What if you get thirsty? What if a child spills something/is yelling/fights another child/etc.? What if there is somone on the side of the road with a gun?

edit: totally agree with him on the fact that...what if you want to change the radio station? or turn the air conditioning/heat on or off? there are many other buttons in a car that people press....

[unknownspeedster]

Originally Posted by jrl1018

That is pretty rediculous that he was cited for looking at his phone and taking his hand (not hands) off of the wheel for what, a couple seconds? so now you cant look away from the road for a split second? What if a passenger speaks to you? What if you get thirsty? What if a child spills something/is yelling/fights another child/etc.? What if there is somone on the side of the road with a gun?

so taking ur hand off the wheel to change gears is illegal?
i find this types of topics really piniches a nerve cause recent i was pulled over driving my parents car and it has the autoheadlights...so on and while driving one cloudy dark rainny day i got pulled over by mr uptight plod, he claims that the xenons on the car where a nusence which i think fair engough they are bright, but when i said i didnt know cause of the autoheadlights he claimed lack of car control and pinged me some more,
the point is SA Laws are loosely written to benefit the cops, in my case i have reasearch and found no law involving headlight their is for foglights and highbeams, yet their written in a way so both case can be for headlights.

[Magnet]

Unfortunately, a lot of people can't do two things at once, and end up plowing their Ford Laser into a traffic light. It's for those people that the rules are in place.

[Dark_Templer_102]

Isn't there some psychology fact that says people can actually do one thing at once, but we are able to quickly change back and forth?

[WellsieTRD]

Up here in qld, as of july 1st all bluetooth/handsfree devices will be banned for anyone holding a provisional licence. Wouldn't be at all supprised if that law ends up extending to all licence holders eventually

[-Cpt. J.-]

Originally Posted by Magnet

Unfortunately, a lot of people can't do two things at once, and end up plowing their Ford Laser into a traffic light. It's for those people that the rules are in place.

Yeah but do you think it is fair or ok that the law treats everyone as retards?

[Janus]

Originally Posted by -Cpt. J.-

Yeah but do you think it is fair or ok that the law treats everyone as retards?

Sadly that seems to be the way the world is going.

What really annoys me is that this ban is based upon how this judge has interpreted this law. So basically this old man who has a government driver drive him around all day and probably doesn't even have a mobile phone gets to make this rulling to effect us all.

[andyhui01]

so what about speaker phone? I usually put my phone on speaker and chuck it on my lap or the dash and talk... surely they can't tell if I'm talking on the phone or talking to myself in the car.

[epp_b]

So, if you have in your right ear...how will they know?

Stupid government meddlers...

[hajj]

Originally Posted by epp_b

So, if you have in your right ear...how will they know?

Stupid government meddlers...

How will they not see headset when it is facing the outside of the car? It's more likely not to be seen when wearing it in the left ear.

[unknownspeedster]

their was an ammendment, but i still dont get it do we get to use hands free or not?

[Blind_Io]

What happens if you have to scratch you ear? Or turn on the AC, or turn down/up the radio to get the traffic report?

And most importantly.... HOW THE F--- ARE COPS SUPPOSED TO USE THEIR RADIOS?!

[HondaF1]

Phones now legal
June 04, 2007

The State Government today drafted urgent new regulations - effective immediately - that allow drivers to use hands-free phone devices.

The regulation will be signed this evening at an urgent meeting of the Executive Council, with the new laws back dated to midnight last night.

This means anyone driving today using a hands-free kit was not breaking the law.

Road Safety Minister Carmel Zollo said people using their phones with a cradle, blue tooth or an earpiece would not be penalised.

"I want to see something that is going to work and that is enforceable," she said.

"The original intention of restricting mobile phone use in cars was to stop people putting the phone to their ear or sending text messages while driving."

The move comes after Premier Mike Rann this morning said the loophole would be blocked after the Supreme Court last week ruled it was an offence to use a hands-free device.

"The loophole will be blocked," Mr Rann said.

"There will be changes made, it will be fixed up."

The RAA has warned not to use mobile phones whilst driving until the regulation has been changed.

The Advertiser

[watto]

Well, it's good that the Government has taken decisive, and frankly sensible action.

The Judge was going by the law but judges are allowed to interpret the law in different ways. Unfortunately, this judge was silly and took the literal approach which when taken and passed in judgement, becomes the law. So, the only way this could have been 'un-made' was to change the legislation.

I bet the judge is a little embarrassed right now, hehehe.

[Diligence]

Wow that is quite quick moving by the government - normally that kind of thing takes years. For once politicians see common sense - who'd have thunk it?