Drivers face hefty fine for texting while driving

[Naztyb]

Here we go, I'd like to know how they will ascertain whether you are texting on your phone. What if you using your phone as your music player (e.g. iPhone) which plugs into your sound system. Can you not change a song or so...

I've been accused of being on my phone when I changed a song on my iPOD not phone and still got a ticket even after showing the metro that I have a bluetooth headset connected to my mobile phone which was in my door, This prompts me to ask the question as to what proof the cops need or are you at their mercy regardless.

 

[kidcolt]

If you're fiddling with it, it's a fine anyway. The phone should not be in your hand when the engine is running.

"when the engine is running" => "while operating a vehicle on public roads"

FTFY... the law is intended to be limited to drivers who are actively driving or standing in traffic on public roads. By your definition, a passenger in bus playing tetris on their way to work would be infringing on this by-law, or using both you a/c and cell while parked has also become illegal by your definition.

 

[kidcolt]

Unfortunately while you are operating +1000kg's of metal on public roads (where your actions or lack of them can hurt a by-stander) you are expected to be paying attention to the environment around you... at all times... If you need to make/receive a call or text, get a hands free device, pull over or wait till you get to your destination.

 

[Yuu]

iMHO if they want this to be successful then they need to have FREE courses / seminars to educate men and women of all ages on the safety of using a hands-free device and must be multi-lingual so people of all race understand what will happen if they get a fine.

It is obvious that as phones become more advanced that we are too busy to learn all the features (eventually getting to a speaker option).

 

[KleinBoontjie]

All the people in this thread who tries to justify the use of cellphones while driving, by pointing out short comings in the law or small deviations in usage paterns. Please.....you're still breaking the law, you're still a potential accident waiting to happen.
It's still wrong, no mater how you try to justify it.

 

[sutekj]

If you're fiddling with it, it's a fine anyway. The phone should not be in your hand when the engine is running.

That is so ****ing dumb. What if I pulled to the side of the road to look at my map? I can just see a ****ing cop enforcing the rule when I'm obviously not endangering anyone. Then the **** will take my phone, and I will be lost. Then I won't be able to phone anyone or anything. Then my phone will probably get lost or damaged along the way, and my privacy invaded.

Texting while driving is bad, but I really hope they write the laws sensibly.

 

[RogueTr00per]

<thread necro> So a friend was on her way to fetch another friend and listening to the GPS directions on her phone (whilst allegedly holding it in her hand). R500 fine, phone confiscated, R1600 to get it back the next day. She was unable to phone her friend to let her know she would be late, she did not know how to get there to fetch her friend. The traffic cops had to let her follow them to the suburb she needed to get to.

The official at the Gallows Hill mobile phone collection counter said that the legislation allows them to fine the driver (by definition the person sitting in the driver's seat) for touching a communication device whilst the engine is running... and being motionless / parked does not exempt one from being fined.

I don't know what they do with all the fine money but it for damn sure doesn't go towards upkeep of that building. A lot of things were in disrepair!

You can get the fine and impoundment fee reduced if you can afford to spend the time approaching the prosecutor and other relevant parties. </thread necro>

 

[Zenbaas]

The being parked bit reads like BS to me. Also "touching" your hands Free device should also then quality for a fine when answering..?

 

[RogueTr00per]

Depends on the definition of driving I suppose!

https://www.capetown.gov.za/en/ByLaws/Promulgated bylaws/Traffic By-law 2011.pdf

‘‘driver’’means any person who drives or attempts to drive any vehicle or who rides or attempts to ride any pedal cycle or who leads any draught,
pack or saddle animal or herd or flock of animals, and ‘‘drive’’ or any like word has a corresponding meaning;

CHAPTER 6
COMMUNICATIONS DEVICES
Prohibition on use of communication device while driving
38. (1) Subject to any other law, no person shall drive a motor vehicle on a public road—
(a) while holding a cellular or mobile telephone or any other communication device in one or both hands or with any other part of the
body;
(b) while using or operating a cellular or mobile telephone or other communication device unless such a cellular or mobile telephone or
other communication device is affixed to the vehicle or is part of the fixture in the vehicle and remains so affixed while being used or
operated, or is specially adapted or designed to be affixed to the person of the driver as headgear, and is so used, to enable such driver
to use or operate such telephone or communication device without holding it in the manner contemplated in paragraph (a), and
remains so affixed while being used or operated.
(2) For the purposes of this section—
(a) the word ‘‘headgear’’includes a device which is specially designed or adapted to allow the driver to use a cellular or mobile telephone
or other communication device in such a manner that he or she does not hold it in one or both hands or with any other part of the body,
and which is connected to the cellular or mobile telephone or other communication device concerned, directly or indirectly, while
being fitted to or attached to one or both ears of the driver; and
(b) the phrases ‘‘cellular or mobile telephone or any other communication device’’ and ‘‘cellular or mobile telephone or other
communication device’’, excludes land mobile radio transmission and reception equipment operating in the frequency band
2 megahertz to 500 megahertz that is affixed to the vehicle or is part of the fixture in the vehicle.
(3) Subject to subsections (1) and (4), an authorised officer may, in the public interest and safety of the public, confiscate and impound a hand
held communication device.
(4) The authorised officer must, when confiscating any hand held communication device—
(a) inform the owner of such communication device of the reasons of confiscating and impounding;
(b) issue a receipt to the owner of such hand held communication device, stating the place at which such device may be claimed; and
(c) follow all procedures contained in any policy of the City dealing with the confiscation and impoundment of property.

 

[genetic]

<thread necro> So a friend was on her way to fetch another friend and listening to the GPS directions on her phone (whilst allegedly holding it in her hand).

So why did they pull her over? She obviously had the phone in her hand, or in sight. Otherwise no one would see it.

 

[Drone]

[video=youtube_share;vAxcnZCU0UU]http://youtu.be/vAxcnZCU0UU[/video]

wonder how they made this...looks real

 

[RogueTr00per]

So why did they pull her over? She obviously had the phone in her hand, or in sight. Otherwise no one would see it.

Her English is not great so I don't have the specifics, but I think she did something else that drew the officer's attention.

The point of my previous post is more to highlight that our cell phones are now useless as GPS devices (to the driver) unless it's mounted somewhere or you only ever touch it before or after your trip?

 

[Dave]

The point of my previous post is more to highlight that our cell phones are now useless as GPS devices (to the driver) unless it's mounted somewhere or you only ever touch it before or after your trip?

You never seen these devices (called phone holders) on sale? Why would you want to be driving around holding the phone when using it as satnav?

View attachment 226572

View attachment 226574

 

[RogueTr00per]

You never seen these devices (called phone holders) on sale? Why would you want to be driving around holding the phone when using it as satnav?

Granted you shouldn't be fiddling with your phone whilst driving but I wouldn't want to use a holder due to smash and grab theft.

 

[DominionZA]

Granted you shouldn't be fiddling with your phone whilst driving but I wouldn't want to use a holder due to smash and grab theft.

I have a dedicated G2 as my satnav in my car - mounted to the windscreen. No smash and grab yet.
I remove it when I park in a public spot though.

My wife on the other hand has built in satnav in her jeep so no need for phone use. But recently had her window smashed and a gun stuck in her face for her cellphone.

In SA it makes no difference.

 

[crackersa]

When I use my phone as a gps, I place it in the center cup holder and have it facing towards me. #lifehack

 

[Valerion]

I was once pulled over, and the JMPD cop told me he would fine me for using my phone while I drove. So I pointed to my phone, lying locked on the passenger seat. He just let me go at that point. And no, I wasn't using it. What looks like a person speaking on his phone in a car driving by is not always the case.

 

[Dave]

Granted you shouldn't be fiddling with your phone whilst driving but I wouldn't want to use a holder due to smash and grab theft.

You could always get a vent holder which is less noticeable from outside. Holding a phone in your hand and using it as a satnav while driving is just foolish, sorry.

View attachment 226628

 

[AdrianH]

I almost caused an accident once on the highway as I was looking down at phone writing a message and when I looked up, all the cars in front were slamming on brakes. Luckily I managed to brake and swerve into the other lane avoiding the braking vehicles.

I learnt my lesson that day, its a pity other's will have to learn theirs still, probably the hard way too.

 

[RogueTr00per]

You could always get a vent holder which is less noticeable from outside. Holding a phone in your hand and using it as a satnav while driving is just foolish, sorry.

As Mike says, in SA, a determined criminal is going to get your stuff regardless. Even when they don't resort to using firearms, you've seen the way they use spark plugs and act all harmless before smashing the window and diving into the car to grab what they want?

The law is meant to deter texting or holding the phone to one's ear I presume with the aim of getting the driver to remain focused on the road at all times? It if makes any difference, she drives an automatic. Yes, holding a phone whilst driving is not ideal (and a really bad idea if not driving an automatic) but I'd rather have someone holding a phone (for GPS use) with their focus on the road and knowing where they are going due to the GPS vs someone distracted in some other way not focused on the road.

I have no problem with what the by-law is trying to achieve (prevent texting and talking without a handsfree) but I think the implementation is a bit silly at times. You can't touch your phone if you're at a red robot but you can change the radio station or women can get away with putting on their makeup in such a situation.