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  Reply # 713831 7-Nov-2012 21:18 Send private message

the law is open to intepretation and needs to be tested

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  Reply # 713832 7-Nov-2012 21:18 Send private message

bigal_nz:
tardtasticx: I was on the understanding that police aren't able to give false information? He very briefly said "expect a ticket in the mail", though he didn't specifically said "I'm giving you a ticket for using a mobile phone and driving", does that mean he will or may be sending one?


Who knows if he will send it. He is telling to you expect a ticket. Will he remember when he gets back to the office? Who knows. Just hope he had a long day and forgets.



I'm still waiting for a ticket from about 1992 -93 my postal address has not changed and I keep checking the letter box (Well my parents do)




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  Reply # 713833 7-Nov-2012 21:19 Send private message

Dairyxox: Its probably true. The cops do have quotas for infringements. The people in charge encourage their officers on the beat to meet their quotas.

There's no such thing as a quota on tickets - they're allowed to write as many as they like Laughing




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  Reply # 713839 7-Nov-2012 21:27 Send private message

johnr: I'm still waiting for a ticket from about 1992 -93 my postal address has not changed and I keep checking the letter box (Well my parents do)

Statutory limitation is 6 months so you could've relaxed a long time ago - I trust you'll now sleep a lot easier tonight :-)




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  Reply # 713840 7-Nov-2012 21:31 Send private message

Dratsab:
johnr: I'm still waiting for a ticket from about 1992 -93 my postal address has not changed and I keep checking the letter box (Well my parents do)

Statutory limitation is 6 months so you could've relaxed a long time ago - I trust you'll now sleep a lot easier tonight :-)


Now you tell me after all these years of sleep deprived nights




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  Reply # 713842 7-Nov-2012 21:35 Send private message

totally off topic .....

Anyone able to do some magic photoshop style stuff and remove the visable number plates from the photo. the nice people in the ahead dont need to be involved in this online thread.



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  Reply # 713844 7-Nov-2012 21:38 Send private message

sampler: totally off topic .....

Anyone able to do some magic photoshop style stuff and remove the visable number plates from the photo. the nice people in the ahead dont need to be involved in this online thread.


Yeh one of the mods can take that image down now. Probably isn't wise to have that on there actually...






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  Reply # 713845 7-Nov-2012 21:41 Send private message

joker97: the law is open to intepretation and needs to be tested


It's not really open to interpretation at all.  It quite clearly says you can make a phone call if you're stuck in abnormal traffic flow.  That's it.  You can't text, take photos, use the GPS, play Angry Birds, or browse the internet.  The NZTA website is quite frankly wrong in that FAQ - if you take it to court it will be the actual law that they use to determine who's in the right, and "ignorance is no excuse" (even if you're ignorant of the law because NZTA are ignorant of it).



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  Reply # 713848 7-Nov-2012 21:46 Send private message

Kyanar:
joker97: the law is open to intepretation and needs to be tested


It's not really open to interpretation at all.  It quite clearly says you can make a phone call if you're stuck in abnormal traffic flow.  That's it.  You can't text, take photos, use the GPS, play Angry Birds, or browse the internet.  The NZTA website is quite frankly wrong in that FAQ - if you take it to court it will be the actual law that they use to determine who's in the right, and "ignorance is no excuse" (even if you're ignorant of the law because NZTA are ignorant of it).


  1. A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the phone does not require the driver to hold or manipulate it to make, receive, or terminate the call. 



    What about this then? It only mentions calls as well. Does that mean you can only make calls if its in handsfree? What about sending texts with voice control (like siri or something)

    Plus how does he know what I was doing? the back of the phone was facing him so for all he knows i could be using the phone on loud speaker. 





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  Reply # 713856 7-Nov-2012 21:56 Send private message

You were holding it




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  Reply # 713871 7-Nov-2012 22:46 Send private message

Dairyxox:
Dratsab:
jpoc: I bet that the cop did know the rules but that he figured that you would not and that this was far too good an opportunity to miss to score another conviction to add to his tally.

Quite likely his shift commander had recently give the lads a reminder that it would be good to up the score for cellphone offences.

Do you base these comments on a dislike for police, sheer ignorance or a combination of both?


Its probably true. The cops do have quotas for infringements. The people in charge encourage their officers on the beat to meet their quotas. 
In my case the officer openly told me "we're doing a sting on people speeding and talking on cell phones".


A 'sting' is not a quota, a 'sting' is the Police making a conscious effort to target a particular type of offending. There are specialist traffic teams that regularly target different types of offending, from cellphone use to not wearing seat belts. It doesn't mean they are blind to other offences, but they take a safety orientated focus on certain ones at a time.

As for the OP, my interpretation of the law leads me to believe you may have been justified in using your phone while stopped (depends on ones definition of the 'normal flow of traffic'), however, it should have been secured in a mounting fixed to the vehicle. Also you are trying to argue based on a small section of the act and your interpretation, fair enough, however you cant argue that the section allows you to use your phone when stopped (outside of the normal flow boundaries) and ignore the fact that it does not mention allowing the use of the camera function. Just because it does not explicitly allow or deny the camera feature does not mean that it is acceptable to use it.

Please write to the PIB (either via snail mail or the Police website) and challenge the ticket. Be sure that you mention you were taking a photo though in the interests of being open and honest. If you don't mention the act of taking the photo and the ticket is withdrawn then I (and I'm sure others) would consider that you were not completely upfront and honest and that you in effect lied to avoid the ticket.

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  Reply # 713872 7-Nov-2012 22:49 Send private message

" other than the normal starting and stopping of vehicles in a flow of traffic." - Land Transport (Road User) Amendment Rule 2009, Clause 7.3A, Section 6"

I guess an accident might not be considered as a 'normal starting and stopping'.
You could also argue, that u where just taking a photo and if u had used a traditional looking camera you would have been ok.

You man need to contact your telco to show there was no phone activity at time of ticket.

I think the cop was just been a dork.

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  Reply # 713878 7-Nov-2012 23:12

sampler: totally off topic .....

Anyone able to do some magic photoshop style stuff and remove the visable number plates from the photo. the nice people in the ahead dont need to be involved in this online thread.


Does it really matter?  Owner details are no longer available to the public, so all the number plate tells you is the make and model of the car and a few other bits and pieces (WOF/Rego/Odo status).

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  Reply # 713886 7-Nov-2012 23:32 Send private message

Kyanar:
joker97: the law is open to intepretation and needs to be tested


It's not really open to interpretation at all.  It quite clearly says you can make a phone call if you're stuck in abnormal traffic flow.  That's it.  You can't text, take photos, use the GPS, play Angry Birds, or browse the internet.  The NZTA website is quite frankly wrong in that FAQ - if you take it to court it will be the actual law that they use to determine who's in the right, and "ignorance is no excuse" (even if you're ignorant of the law because NZTA are ignorant of it).


the law is not written in one line, but who knows, i'm not a lawyer ... all i know is anything that seems pretty obvious always gets "tested" in court and the index test case then becomes the yardstick for the future .... something like that ...

and secondly, there is the law, and there is the law according to X, Y, n Z ... weird aye ...

this is my experience anyway, i was once given a ticket for beating an amber light which i swore was green, on a rainy day, and if it turned amber when i hit the line then i couldn't have stopped safely anyway, but a written letter was aggressively rejected "i do not believe you" was the reply ... you can see the faces of the insurance persons when i say yes i had a ticket for amber light for the next five years

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  Reply # 713888 7-Nov-2012 23:35 Send private message

oh and not sure if every cop shares this sentiment but i once spoke to a non traffic cop and he told me traffic cops are "A654 hol7s" this is true :) i didn't know what to say :) the year was .... let me think ... between 2002-2005

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