15 Road Rules You Probably Didnt Know..

[csv8]

http://www.news.com.au/travel/travel...a60954297ae617

Number 3 and 5 ?????

[carwant.com.au]

There is a few hoons driving WRXs that won't like 13!

[commodorenutt]

# 11 should have been brought up in the cyclist bashing thread.
It is legal to overtake them (if safe) over unbroken lines.

[FPV GTHO]

Originally Posted by carwant.com.au

There is a few hoons driving WRXs that won't like 13!

I think half the people driving under 25yo are guilty of that, let alone WRX owners.

[nstg8a]

Originally Posted by commodorenutt

# 11 should have been brought up in the cyclist bashing thread.
It is legal to overtake them (if safe) over unbroken lines.

Except the whole point of double white lines is it's unsafe to pass there... So how do you safely pass in an area that's unsafe?

[Silver Ghia]

Is 15 actually a road rule?

Otherwise I think this list shows how ignorant people, or at the least the writer of the article, are of the road rules.

Apart from the crossing over double lines to pass a cyclist or for roadworks. Wtf?

[nstg8a]

To be fair this article only mentions unbroken white lines, not double white lines.

[JC]

Originally Posted by csv8

http://www.news.com.au/travel/travel...a60954297ae617

Number 3 and 5 ?????

Not sure why #3 surprises anyone. Mobile phones and cars don't mix.....

[FPV GTHO]

Originally Posted by JC

Not sure why #3 surprises anyone. Mobile phones and cars don't mix.....

Have a crash in a maccas car park and watch it turn into private property......

[olfella]

I like 10. Motorist must keep 1 metre clear of cyclists, but if we open the door and they run into it - we cop the fine?

[noflac52]

The heading of the article is a bit condescending. A reporter telling us that we don't know these rules rather than suggesting that we may not be aware of some.

In my experience it has been the other way around. Most reporters have very little idea of what they are covering in their reports.

[Kingsley]

No,3. If they would only enforce it...We were stuck with 8 other cars in the Macca's drive thru in Maitland last week. Most drivers around us were on their phones!!!

Which means do you run the risk of being done on number five if you have to use the horn to get the ****** to move up when they traffic moves and they're still ******* around on the their phones??

[cram_it_frog]

ok some one may be able to tell me what the situation for this is

I live in the outback and we use CB radio all the time mate passes you just say hi or over taking a truck ect

Now I had done this in front of a police officer in town talking on the CB while driving

so is this illegal or legal

[aussiblue]

live in the outback and we use CB radio all the time mate passes you just say hi or over taking a truck ect

Now I had done this in front of a police officer in town talking on the CB while driving

so is this illegal or legal

See, at least in WA.
http://www.slp.wa.gov.au/legislation..._homepage.html

265. Use of mobile phones
(1) In this regulation —
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 the driver of a vehicle —
(a) hold the phone;
(b) enter or place anything into the phone, or send or look at
anything that is in the phone;
(c) turn the phone on or off;
(d) operate any other function of the phone.

(2) A 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, 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 otherwise to manipulate
any part of the body of the phone;
or
(b) the visual display of the phone is being used as a
driver’s aid in accordance with regulation 264 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 otherwise to manipulate any part of the body of
the phone.
Points:
(a) during a holiday period: 6;
(b) other than during a holiday period: 3.
Modified penalty: 8 PU.
(3) For the purposes of this regulation, a driver does not use a
mobile phone if —
(a) a text message, video message, email or similar
communication is received automatically by the phone;
and
Road Traffic Code 2000
Part 18 Miscellaneous provisions
Division 2 Provisions for people in charge of animals
r. 267
page 294 Version 04-i0-00 As at 23 Dec 2015
Extract from www.slp.wa.gov.au, see that website for further information
(b) on and after the 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.

[jaydee]

Mobile phones have to be on a street, because the offence is "... drove on Smith street Jonesville whilst using a mobile phone".
Not "in the drivethrough of Jonesville McDonalds".
At least that's in WA don't know about other states.

[aussiblue]

Ditto NSW http://www.keepyoureyesontheroad.org.au/pages/NSW-laws

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.



300–1 NSW rule: use of mobile phones by drivers who are holders of learner and provisional P1 licences

(cf RRR, cl 47F)



(1) The driver of a vehicle (except an emergency vehicle or police vehicle) who is the holder of a learner licence or provisional P1 licence must not use a mobile phone, whether or not held by the driver, while the vehicle is moving or is stationary but not parked.



Maximum penalty: 20 penalty units.



Note. Emergency vehicle, park, police vehicle and provisional P1 licence are defined in the Dictionary, and learner licence is defined in the Act.



(2) In this rule, mobile phone and use have the same meanings as in rule 300.

Note. This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.

[aussiblue]

Mobile phones have to be on a street, because the offence is "... drove on Smith street Jonesville whilst using a mobile phone".
Not "in the drivethrough of Jonesville McDonalds".
At least that's in WA don't know about other states.

But noting street includes emergency lanes and stopping in traffic light and stop/giveway sign, railway crossings and similar queues and parking in emergency lanes and "no parking" or "no standing" zones.

[Cav]

They left out fog lights

[Silver Ghia]

Originally Posted by Cav

They left out fog lights

They left out a lot of things that drivers seem to be unaware of.

[wodahs]

Originally Posted by jaydee

Mobile phones have to be on a street, because the offence is "... drove on Smith street Jonesville whilst using a mobile phone".
Not "in the drivethrough of Jonesville McDonalds".
At least that's in WA don't know about other states.

isn't a street from letter box to letter box of the property's (so from total property's edge) each side of the black stuff in the middle so they can book you for not wearing a helmet whilst pushing a bike (motorised or not) down the foot path

and well public property is an interesting one
our local freight rail terminal has truck transport companies and roads for them in their property with speed signs and official street signs with street names and the cops apparently don't have jurisdiction on them , they did book at least one on the premises and he coped it but others have told them as the signs say out front not public use so naff off

[irvinnie]

The Mcdonalds car park falls under the definition of a road related area (offences can occur on both a road or road related area)

(1) A
"road related area" is any of the following

(a) an area that divides a road,
(b) a footpath or nature strip adjacent to a road,
(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals,
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.

[wodahs]

Originally Posted by irvinnie

The Mcdonalds car park falls under the definition of a road related area (offences can occur on both a road or road related area)

(1) A
"road related area" is any of the following

(a) an area that divides a road,
(b) a footpath or nature strip adjacent to a road,
(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals,
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.

should add that one off my fellow truck drivers in the same company was booked a short wiles back for being on his phone in a truck pull up bay on the side of the road with the park brakes on but engine running

engine was running to keep the aircon going

[XG_Falcon]

I can't tell you how annoyed I can get with #5. It seems like whenever my neighbour's to the left have guests they leave honking their horns. Why!?

I can abide it during the day but not late at night... it's just selfish.

[irvinnie]

Originally Posted by wodahs

should add that one off my fellow truck drivers in the same company was booked a short wiles back for being on his phone in a truck pull up bay on the side of the road with the park brakes on but engine running

engine was running to keep the aircon going

Think that one may be a small tale by your fellow truck driver as for an offence of use hand held mobile phone requires you to be driving. (Being in queue at a McDonald's drive thru satisfies that one) but being pulled over to the side of the road, or in this example parked in truck stop bay wouldn't be an offence. If he was given a ticket in that scenario he has every right to contest that one at court, in fact writing a letter to the station that issued the infringement notice might be sufficient.

[Dave3911]

Number 1 is not correct for Victoria, you can 100% creep through a red light to make a clear path for an emergency vehicle. In fact, in Victoria, if you are blocking their path you are required to do so as soon as you can safely.

Road Rule 78(2): http://www.austlii.edu.au/au/legis/v...09208/s78.html

Used this to get out of a red light camera ticket - no worries what so ever, as the ambulance behind me was clearly visible.

[Carrion]

Originally Posted by irvinnie

The Mcdonalds car park falls under the definition of a road related area (offences can occur on both a road or road related area)

(1) A
"road related area" is any of the following

(a) an area that divides a road,
(b) a footpath or nature strip adjacent to a road,
(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals,
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.

I think McDonalds falls in to category (C) and (D).

[commodorenutt]

Originally Posted by wodahs

should add that one off my fellow truck drivers in the same company was booked a short wiles back for being on his phone in a truck pull up bay on the side of the road with the park brakes on but engine running

engine was running to keep the aircon going

Originally Posted by irvinnie

Think that one may be a small tale by your fellow truck driver as for an offence of use hand held mobile phone requires you to be driving. (Being in queue at a McDonald's drive thru satisfies that one) but being pulled over to the side of the road, or in this example parked in truck stop bay wouldn't be an offence. If he was given a ticket in that scenario he has every right to contest that one at court, in fact writing a letter to the station that issued the infringement notice might be sufficient.

A good mate of mine (a sparky) was in a loaner van for a week while his was being fixed. No bluetooth in the radio, so he bought a BT headset, which went flat during the day. He pulled into a bay on the side of the freeway to answer his phone - as it could well have been his next job.

Same scenario as above - in park, handbrake on, aircon running (hot day).

Cop pulled in behind him and gave him a ticket for using the phone. When questioning it, the cop told him he should turn the engine off, otherwise he's still driving. When he retorted back about the aircon, and suggested leaving the aircon running while sitting in the passenger seat so he's not driving, the cop told him if he did that, then he'd book him for not being in control of the vehicle.

He took it to court, and pushed the following aspects:
1. That the phone is a major part of his livelihood - if he didn't answer that call, he could have lost income.
2. He pulled over in a safe area, off the road, and parked the vehicle before answering.
3. Noted that the time of day was 1.30pm (or thereabouts) and it was over 35 degrees on that day, at that time, hence the need to keep the aircon running for comfort as much as safety.
4. Showed evidence of the purchase of the bluetooth headset earlier in the week, and the hire documents for the van.

After presenting this, the cop tried to suggest he answered the phone while still moving, then pulled up, but couldn't provide any notes or footage to back this claim.

Magistrate agreed my mate did everything in his power to avoid using the phone whilst driving, and it simply became an unfortunate circumstance with the flat battery, and a slightly over-zealous cop, and he over-ruled the fine.

[csv8]

It looks like this law is being exploited by the police.If you are stopped and off the road that should be it. If you are actually driving and using the mobile, fair enough...but if parked, shouldnt be charged. What will the cops come up with next ??
and in America :No state bans all cell phone use for all drivers. However, California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, West Virginia (plus Washington, D.C., Puerto Rico, Guam and the U.S. Virgin Islands) prohibit all drivers from using hand-held cell phones while driving. 36 states and Washington, D.C. ban all cell phone use by newer drivers; while 19 states and Washington, D.C. prohibit any cell phone use by school bus drivers while children are present.[2] https://en.wikipedia.org/wiki/Restri..._United_States

[Ben73]

If a cop was going to fine you for talking on the phone while stopped with the whine running, you might as well just keep driving. You will get the fine either way but at least it's harder to spot the phone in a moving target.

[aussiblue]

with the whine running

??? Lost me there.