meanwhile, in traffic...

[Rocket-Boy]

Neither, since both are bull****. If I did that, they can fine me, just like for any other minor traffic offence. The punishment should fit the crime, and not invade my privacy in such a way.

There is a really simple way around this, just dont break the law by talking on your phone while you drive \0/
Problem solved.

 

[STS]

38(1)(b) above is a little daft. Let's say you've got your phone in a cradle, hooked up to a handsfree or using the built-in speakerphone function. Now, let's imagine your phone either doesn't have voice-dialling or it's playing up. Are they really suggesting poking at it in the cradle would be less of a distraction than taking it in hand & dialling the number?

a phone in your hand and a phone not in your hand change what you can do with your hand. try steering with a phone in your hand, or changing gears or pulling up the handbrake. it lowers the risk if it is hands free.

my dad has a hands free kit, he still looks for names on his but the talking is done on speakerphone, keeping his hands free. if you can prove you have a hands free kit in the car as far as i know they let you go

 

[TonyA]

I find mine fits perfectly in the cubby hole and if I switch it to silent mode I have even less distraction and can give my full attention to driving and avoiding the idiots who are frantically trying to make phone calls on their cellular phones. I really wonder what happened in the past prior to cell phones or was everything not so urgent then

 

[(@) (@) twister]

Looking at the remarks one would swear they don't make hands-free kits anymore...

 

[MickZA]

As far as I can see this is the taking of property without a warrant and without my permission. I wasn't aware that police were allowed to do this. So no I don't want something about impounding cars I want the laws on confiscating property.

Bored on a Friday afternoon porch

Let's be honest you're playing with words here, the phones are actually being "impounded" for 24 hours not "confiscated".

con·fis·cate (knf-skt)
tr.v. con·fis·cat·ed, con·fis·cat·ing, con·fis·cates
1. To seize (private property) for the public treasury.
2. To seize by or as if by authority.

I'd be interested in seeing the exact wording of the actual by-law before the debate continues which is beginning to sound like the Monty Python "Is this the 5 minute argument or the full half hour?" sketch:

http://www.youtube.com/watch?v=kQFKtI6gn9Y

 

[TonyA]

I'd be interested in seeing the exact wording of the actual wording of the by-law before the debate continues which is beginning to sound like the Monty Python "Is this the 10 minute argument or the full half hour?" sketch:

see post 105

 

[Crowley]

You'll also be in favor of 50 year sentences without parole for littering? Because a R 10 000 000 punitive fine imposed by someone who's not a judge, for talking on your phone, seems perfectly reasonable to you.

Haven't seen much litter cause thousands of deaths per year.

So will confiscating his car. Why don't we do that as well.

If it was up to me they would confiscate his car as well if he talks on his cell while driving.

 

[waynegohl]

Try steering with a soda in your hand.
Try steering with a chocolate bar in your hand.
Try steering with your lipstick or mascara pencil or hair brush in your hand.
Try steering with the MacDonalds coffee in your hand.

 

[STS]

Try steering with a soda in your hand.
Try steering with a chocolate bar in your hand.
Try steering with your lipstick or mascara pencil or hair brush in your hand.
Try steering with the MacDonalds coffee in your hand.

you get dressed in the car?
you eat dinner in the car?
you try popping zits in rush hour traffic?
you try paint in traffic?

we make judgements on our abilities. of coruse these things take your full attention away from the road, but that is a judgement you make. likewise if a phone is in your hand you're intending to use it, be it focusing on buttons or takign a hand away from the wheel

 

[HapticSimian]

a phone in your hand and a phone not in your hand change what you can do with your hand. try steering with a phone in your hand, or changing gears or pulling up the handbrake. it lowers the risk if it is hands free.

I'm not disputing that. All I'm saying is if I need to make a call I'd sooner take the phone, dial the number & put it back in its cradle than poking at it in the cradle...

 

[waynegohl]

you get dressed in the car?
you eat dinner in the car?
you try popping zits in rush hour traffic?
you try paint in traffic?

we make judgements on our abilities. of coruse these things take your full attention away from the road, but that is a judgement you make. likewise if a phone is in your hand you're intending to use it, be it focusing on buttons or takign a hand away from the wheel

If there was a law about taking your hand off the steering wheel or even both hands, then plenty of people should be locked up.

 

[zululami]

of course law breakers will be up in arms. I applaud this move...

 

[TJ99]

There is a really simple way around this, just dont break the law by talking on your phone while you drive \0/
Problem solved.

I don't. Neither do I kill people. But I'd sure as hell be just as against cops just executing murderers. Or keep people who steal stuff prisoner. It's wrong and it's sickening that everyone here doesn't give 2 ****s about their civil liberties being pissed on, and are in fact applauding it.

 

[supersunbird]

From a report on the December road deaths:


The following have been found to have been among the most common causes of the crashes:

 Speeds too high for conditions, especially, during inclement weather and at night;
 Dangerous, reckless and/or inconsiderate driving, particularly barrier line infringements;
 Abuse of alcohol by drivers and pedestrians;
 Fatigue, especially amongst public passenger drivers;
 Vehicle fitness, particularly tyre failure and defective brakes, and
 Pedestrian negligence (jay walking, walking on freeways, not visible at night and drunken walking).

Note! No cell phones as cause.

You are most likely to be killed in a motor accident if you are a pedestrian. (Presumably talking on your cellphone and ignorring the traffic.

Because its difficult to prove it was the cause of the accident and no one will admit it out of their own....

 

[TonyA]

Why are our civil liberties being affected. A properly promulgated bylaw has been implemented saying you may not do something, enforcement officials may take action based on certain criteria and also bound to take specific actions in handling the item. For years enforcement officials have had to execise judgement in response to drunken driving and if over a certain criteria confine you to a cell. I cannot see where my civil liberties are infringed, if I obey the law I'm affected in anyway.

 

[Archer]

I don't. Neither do I kill people. But I'd sure as hell be just as against cops just executing murderers. Or keep people who steal stuff prisoner. It's wrong and it's sickening that everyone here doesn't give 2 ****s about their civil liberties being pissed on, and are in fact applauding it.

Silly example time!
You are not allowed to walk on the highway, therefore, it violates your civil liberty of freedom of movement in order to keep you safe
Fight fight fight!

 

[porchrat]

to be fair it will pose a risk any time it is used, you might be called 2 minutes later or want to resume your conversation before the cops pulled you over. it is dangerous and as long as people use it irresponsibily then they should be taken away.

The call is over, it no longer represents a danger. You can't use that reasoning at that point.

edit: on top of that, how responsible will the cops be if they let you go with something that can cause an accident and pose a risk? they might as well let drunk drivers go and hope they don't crash into anyone

You can stop using the cellphone you can't stop being drunk.

Once you stop using the cellphone it ceases to be a threat to safety. Unlike the car abandoned in the centre of the road or a drunk person.

 

[daveza]

The call is over, it no longer represents a danger.

Someone pulled over for pointing weapon out the windows and firing randomly - should they keep the weapon because they have stopped shooting ?

Someone who uses a cellphone while driving is going to keep doing it until

a) it gets too expensive

b) their cellphone is taken away

c) they are dead

 

[waynegohl]

Just to put the topic in perspective, the relevant bylaw which came into force in June 2012 and is quite clear is below

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.

What would be the reason given for confiscating a cellphone or any other handheld communication device?

 

[daveza]

What would be the reason given for confiscating a cellphone or any other handheld communication device?

Using it while driving is illegal ?