Originally Posted by BENT_8
I don't have a problem with pinging people who are using their phones whilst driving or at lights/intersections etc. but what I have a problem with is the ambiguous rules, especially here in SA with regard to using them when 'parked' and the 'official' interpretation of that term.
In SA we are allowed to use a mobile device to make and receive a call when parked, the rule makes no mention of whether the engine can be running or not, only that 'parked' can not be at lights or queued in traffic.
I've had some people say must be switched off, some say all good to be running, the problem is the rule doesn't actually specify.
I had an incident last week with regard to this exact situation, had just left the school where the bus had sat without the engine running for around 20 minutes in 25* weather, it doesn't take long for the inside to reach much higher and so I always turn the AC on when we get under way.
Soon after leaving the school one of my new students gets up and starts wondering around the bus, I caution them but unfortunately being new Australians they don't quite understand the rules or what im saying necessarily, so my only option is to contact the school co-ordinator and notify them of the situation, this can take quite a while as they aren't always readily on hand to take a call, I have a direct line but if I was to go by the proper procedure it involves a call to the contractor, who then contacts the school, who then contacts the co-ordinator, who then contacts me, it can take 10 minutes minimum.
Obviously I cant do this whilst driving and as my first drop off was only a few hundred meters up the road I arrived there, put the bus in park as its an auto, applied the handbrake and switched on the hazard lights, I left the engine running with the AC on as it was still very warm, these AC units take a while to cool the bus.
I opened the bus door and let the 2 students, who's house i'd arrived at, out.
Now as far as im concerned I've done the right thing, waited until I stopped and parked the bus.
I reached for my phone and only just picked it up when some guy riding past on his push bike, on the footpath with no helmet might I add, stopped and started going off his head because in his mind, having the engine running, im driving whilst on the phone.
So I tried to explain the situation but he wasn't having a bar of it, threatened to call my employer etc. etc.
So when I got home I searched up the road rules, this is the rule as written for SA...
AUSTRALIAN ROAD RULES - REG 300
300—Use of mobile phones
(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 an audio phone call 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
(ab) the phone is being used as a driver's aid and—
(i) the body of the phone is secured in a mounting affixed to the vehicle while being so used; and
(ii) 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 vehicle is an emergency vehicle or a police vehicle; or
(c) the driver is exempt from this rule under another law of this jurisdiction.
Offence provision.
Note—
"Emergency vehicle", "park" and "police vehicle are defined in the dictionary.
SA NOTE—
For South Australia, in addition to this rule, see regulation 44 of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014
And this from the SA Government DPTI website..
You must not use a hand-held mobile phone while your vehicle is moving or is stationary in traffic (for example, at traffic lights). You may, however, use a hand-held mobile phone while your vehicle is parked.
If a person wishes to make or receive a call, including dialling a number and needs to touch any part of the phone to do so, that phone must be mounted (in a mounting commercially designed and manufactured for that purpose).
If the phone is being used via blue tooth, a headset or earphones without touching, holding or resting the phone on their body, the driver may touch the earpiece or headphone to operate the phone (the phone may be located anywhere in the vehicle, including the driver's pocket or pouch they are wearing).
It is an offence to create, send or look at a text, video message or email on a mobile phone.
It is an offence to make or receive a video call on a mobile phone whilst your vehicle is moving.
Drivers of police or emergency vehicles are exempt.
Now I understand why some people would consider having your engine running as not 'parked' but if I we're to pull up in my car in a zone marked with a NO PARKING sign and left my engine running for half an hour, am I parked?
Thoughts..
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