Car phone fines soar

[Lou Girardin]

Perhaps one of our resident cops can answer these questions for me:

Do we have an offence of "Driving without due care and attention" or similar?

If we do, why can't this be used to deal with people driving whilst using a phone?

It's careless or inconsiderate driving, and it requires an error or ommision in your driving to prove. Merely holding a cell phone is not sufficient. That's why a specific offence is required.

[Ixion]

I'm sure we used to have "without due care and attention" - or was it "due care and consideration". Either way, my father got done for it. (He tried to get out of it by blaming it on the guy carrying the red flag in front, but the cop wasn't having it)

Dunno why we need a specific offense. if so we also need specific offenses for driving while eating a burger (or fishnchips); driving while breastfeeding baby (yes I have seen it!), driving while screwing ;, driving while this that and the other.

What's wrong with a simple "without due care and attention" . not being careful , not paying attention to driving.

[Shadows]

I saw a cop driving down Wainui Road this morning yabbering away on a cellphone tucked between his shoulder and his cheek. At least he had both hands free I guess, but what a fine example he was setting.

[Lou Girardin]

What's wrong with a simple "without due care and attention" . not being careful , not paying attention to driving.

See my post.

[Ixion]

No, I realise the present situation. What I'm saying is, instead of a new rule about cellphones, why not just a simple (new) general rule about "driving without proper care or attention". Which covers everything - but doesn't need an error or omission. Lower in the scale of offences than careless driving but covering all the stupidities we see each day. Paying attention to your cell phone instead of the road ? Kar-ching. Driving while reading the newspaper ? Kar-ching. Yapping away to your old biddy friend in the back seat instead of taking care with what you're about. Kar-ching.

(But I'm sure we used to have some such law, way back. C'mon you other old farts, help me on this . Motor Vehicle Act 1924 maybe? ).

[ZeroIndex]

No, I realise the present situation. What I'm saying is, instead of a new rule about cellphones, why not just a simple (new) general rule about "driving without proper care or attention". Which covers everything - but doesn't need an error or omission. Lower in the scale of offences than careless driving but covering all the stupidities we see each day. Paying attention to your cell phone instead of the road ? Kar-ching. Driving while reading the newspaper ? Kar-ching. Yapping away to your old biddy friend in the back seat instead of taking care with what you're about. Kar-ching.

(But I'm sure we used to have some such law, way back. C'mon you other old farts, help me on this . Motor Vehicle Act 1924 maybe? ).

haha, talking while driving a newspaper, reminds me of my friend's brother (who lives in switzerland). He was on the Autobahn with a work collegue and some Merc passed them at 250km/h (speed limiter), and the driver had a full-size newspaper spread across the wheel... another one: a 18-wheeler truck-driver was pulled over by a cop on the autobahn cause he was doing 160km/h... WHILE SHAVING!!!

[SPman]

No ones mentioned texting while riding a motorsickle..............

[The Stranger:Me]

No, I realise the present situation. What I'm saying is, instead of a new rule about cellphones, why not just a simple (new) general rule about "driving without proper care or attention". Which covers everything - but doesn't need an error or omission.

And whom decides what constitutes proper care and attention under the circumstance?

I really feel that we should not be wishing for laws of a general nature. They should be clear and unambiguous. Now I realise that this is rarely the case, but to ask for ambiguous laws is crazy.

[Ixion]

Snake decides in first instance. If driver disagrees, judge decides. Lots of other laws that require such judgement.

Just another case of that wonderful thing, discretion. I'm sure that most cops are capable of deciding whether a driver's doing something stupid or not. If not, let the courts decide.

Rant mode on:

I disagree with this thing about "must have everything unambiguous".

That is why we now have such a fixation with "easily measurable" offences. Like speeding.

Because they are unambiguous. But the things that make the roads hazardous are usually the things that are not so easily measured . I very seldom get the "oh shit oh shit I'm gonna die" feeling because someone is speeding. But I do from lots of other shit that the idiots do.

Yet the dangerous stuff is by and large ignored by the traffic police. Why? Because of this obsession with "unambiguous"

Back in the days of the MoT, the snakes had a reputation for being nit picking bastards. I never found them so. On the occasions I did get pulled up, it was always because I had done something stupid (I was young, OK) .

I think the reason that they got that reputation , was because they focused less on minor transgressions of the unambiguous stuff (eg 111kph) and more on pulling drivers up for bad judgement, lack of consideration and simple stupidity. And as there was no offence of "driving like an A grade plonker" they used a bit of ingenuity to find a offence they could book plonker for.

Mr Plonker moans to his mates "Blurdy traffic cops- pulled me up today and ripped me a new one - nitpicky bastard, nothing I did was right according to him, even ended up giving me a ticket for not displaying an alternative fuel stciker. Bastards"

Meanwhile , back at Snake Central, TO Snake "Idiot might as well not have had eyes in his head, totally incompetant, lazy selfish git. Pity there's no law against being an incompetant lazy selfish git. Still I did ream him a new one, gave him a wake up about how useless he was, and managed to pick him up on not displaying an alternative fuel sticker, just to make the lesson stick in his mind"

I preferred the old way. I think it was better policing, encouraged discretion and accountability, and made for safer roads.

Rant mode off.

[Ixion]

Incidentally, I passed a classic case this morning. Plonker wove across all three lanes of the Panmure roundabout , whilst going straight through. Then nearly drove into the back of the cage in front of him. Pulled up level with his window, and he's got the cell phone in his right hand clamped to his ear yattering away , left forearm is holding some sort of book open on the steering wheel, and left hand is busy holding a pie .

Gave him a toot, and he near jumped out of his skin (I was ready for the reflex swerve ) , shook my head, and pointed. He just stared in that deer in headlights fashion. Sigh.

[Lou Girardin]

I think the reason that they got that reputation , was because they focused less on minor transgressions of the unambiguous stuff (eg 111kph) and more on pulling drivers up for bad judgement, lack of consideration and simple stupidity. And as there was no offence of "driving like an A grade plonker" they used a bit of ingenuity to find a offence they could book plonker for.

Mr Plonker moans to his mates "Blurdy traffic cops- pulled me up today and ripped me a new one - nitpicky bastard, nothing I did was right according to him, even ended up giving me a ticket for not displaying an alternative fuel stciker. Bastards"

Meanwhile , back at Snake Central, TO Snake "Idiot might as well not have had eyes in his head, totally incompetant, lazy selfish git. Pity there's no law against being an incompetant lazy selfish git. Still I did ream him a new one, gave him a wake up about how useless he was, and managed to pick him up on not displaying an alternative fuel sticker, just to make the lesson stick in his mind"

I preferred the old way. I think it was better policing, encouraged discretion and accountability, and made for safer roads.

Rant mode off.

Careful Ixion, this might catch on.
God forbid that anyone had a better way than current dogma has it.

[DEATH_INC.]

No ones mentioned texting while riding a motorsickle..............

I've done this

[u4ea]

I've done this

not sure if thats good skill or very naughty!!!!!!!!!!!!!!!!!!!!!!!!!!!

[The Stranger:Me]

What had you been smoking when you wrote this?

As usual you go contradicting yourself and make great leaps of "logic"

First let me check, this is a piss take right?
You are just trying to wind me up aren't you?

[Warr]

No ones mentioned texting while riding a motorsickle..............

Yea done all that. Its safer in a car tho you can use 2 hands