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2295 posts

Uber Geek
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Topic # 111575 7-Nov-2012 18:46 Send private message

So earlier today, I was getting on the motorway to go visit a friend who just moved to a new place in Ponsonby, doing everything to avoid study basically lol. 

Get on the motorway, big truck crash ahead and traffic is completely stopped because its happened over the on-ramp so no traffic can get through. While I was sat there waiting, I got a text on my phone (iPhone 5) and thought I might as well have a look, wasn't anything important so I didnt open it (ie. unlocking the phone, I read the preview on the lock screen), while I had the phone up, I decided to snap a quick photo of the incident, then put my phone back on the passenger seat away from me. 

Next thing I know, a cop comes up to me and asks for my licence, so I show it to him, he writes down a few things, asks if its my car, so and so. Then says "Expect your ticket in the mail" and I replied "excuse me? What for?" (Keep in mind, he had not said anything prior to this, other than "Can I see your licence" and "is this your car". He said "don't text and drive" to which I replied "Well actually Im not, and the car is stopped" and he just walked off. Another thing to note here, he hadnt pulled me over, he actually just walked up to me because traffic was completely stopped.

I knew that this law had exceptions with regards to traffic flow, because I read about it when it came out. I called mum after this happened and asked her to find me the link for it and email it to my phone (I had pulled over off the motorway when I did this) and read up about it when I got to my friends place. It clearly states on the NZTA website: "A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the vehicle has stopped for a reason 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. (http://www.nzta.govt.nz/resources/rules/docs/road-user-amendment-2009.pdf)

Now I'm confused to what I can do. I know I'm not paying their fine, but thats not what I'm annoyed about, I'm more annoyed with cops blatantly not knowing the rules they're meant to be enforcing. The 20 demerit points are kind of annoying too but not enough to cause a problem as my record is clean. What do I do to get this cancelled?

Please, save the "dont text and drive" lectures for those of you that want to come in and say that, I know the rules, I know I can use my phone there, and I was taking a photo and glancing at a text, not like I was typing an essay or making a call, and the car was stopped, as you can see from the above picture, all traffic infront and behind was stopped due to the accident in front, clearly not normal stopping and starting of the flow of traffic. 

-Sam





2013 MacBook Air (4GB/1.3GHz i5/128GB SSD) - HP DV6 (8GB/2.8GHz i7/120GB SSD + 750GB HDD)
iPhone 5 (16GB/White/Telecom NZ) - Xperia Z C6603 (16GB/Purple/Telecom NZ)

Sam, Auckland 
Skype: tardtasticx

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384 posts

Ultimate Geek
+1 received by user: 4

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  Reply # 722835 26-Nov-2012 09:09 Send private message

I reckon. People have set views and just keep arguing the same points without concession. We should all stop posting until OP gets a ticket.

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