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xpd

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#44307 27-Oct-2009 09:43
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OK, maybe age is catching up on me.......  where the heck do I find the "final and official" legislation/law etc on the new mobile phone while driving ruling ?

TVNZ Breakfast this morning mentioned it and said "goto our website, tvnz.co.nz for more info" - gee thanks, that helps... can only find old stories about the draft.

Google it.... find the drafts and thats it, even on NZ govt sites....

Can someone point me in the right direction/PDF ? Tongue out

(Mondayitis on a Tuesday...great Yell)

TIA




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Paulthagerous
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  #267135 27-Oct-2009 10:00
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I *think* this is the final version. If it is on the official legislation site and says it is the latest version I reckon this is it:

http://www.legislation.govt.nz/regulation/public/2009/0253/13.0/DLM2299800.html

xpd

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  #267147 27-Oct-2009 10:30
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Thanks :)
Did a quick search on that site and didnt find anything... think their search engine is pretty basic tho :)




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sarg
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  #267152 27-Oct-2009 10:42
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Land Transport (Road User) Amendment Rule 2009
23New clause 7.3A inserted
The following clause is inserted after clause 7.3:
?7.3ABan on use of mobile phones while driving
?(1)A driver must not, while driving a vehicle, create, send, or read a text message on a mobile phone or make, receive, or terminate a telephone call on a mobile phone or use a mobile phone in any other way. This subclause is overridden by subclauses (2) to (6).
?(2)An enforcement officer may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the officer is making, receiving, or terminating the call in the execution of the officer's duty.
?(3)A driver may, while driving a vehicle, use a mobile phone if?
?(a)the driver is using the phone to make a 111 or *555 call; and
?(b)it is unsafe or impracticable for the driver to stop and park the vehicle to make the call.
?(4)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.
?(5)A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if?
?(a)the phone is secured in a mounting fixed to the vehicle; and
?(b)the driver manipulates the phone infrequently and briefly.
?(6)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.?




that would be an ecumenical matter

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  #267163 27-Oct-2009 11:13
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looks like being caught in a traffic lights, a JAM, or train crossing excludes you from legally touching the phone! doesnt say you can't play games on it though!




Involuntary autocorrect in operation on mobile device. Apologies in advance.


rscole86
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  #267186 27-Oct-2009 12:09
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Actually it does.

?(1)A driver must not, while driving a vehicle, create, send, or read a text message on a mobile phone or make, receive, or terminate a telephone call on a mobile phone or use a mobile phone in any other way. This subclause is overridden by subclauses (2) to (6).



So there goes, playing games, GPS etc etc

Adamal
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  #267191 27-Oct-2009 12:21
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rscole86: Actually it does.

?(1)A driver must not, while driving a vehicle, create, send, or read a text message on a mobile phone or make, receive, or terminate a telephone call on a mobile phone or use a mobile phone in any other way. This subclause is overridden by subclauses (2) to (6).



So there goes, playing games, GPS etc etc


Ok, games I can understand, but why GPS? If you chuck it in a cradle or something, and have the GPS going on its merry way, how is that any different to say a Navman or Garmin or something to that effect?

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  #267194 27-Oct-2009 12:24
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I agree, but if as you say, you have your phone as a GPS and it is in a cradle, and you are not actively using it while in motion, or at a stop in the normal flow of traffic, then there is probably no reason for the officer to stop you, or suspect you of using it.

 
 
 
 


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  #267195 27-Oct-2009 12:26
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Received this today from BuddleFindlay so thought it would be something interesting for this discussion:


Hands on the wheel, eyes on the road
By Nick Crang and Eddie Clark
 
From the start of next month New Zealand drivers will have to ignore their mobiles when driving ─ or risk being fined and the possibility of losing their licences.
 
From November 1 the hand-held use of a mobile phone while driving will be illegal.  Being stuck in traffic or at the lights is no excuse, although a road block caused by say an accident may be acceptable, depending on the circumstances.
 
If caught using a hand-held mobile phone drivers will face an instant $80 fine. They will  also receive 20 demerit points towards the 100 points total at which licenses are taken away. That’s the same number of points that you get from driving between 11 km/h and 14 km/h over the speed limit.
 
The ban has caused some controversy, but the New Zealand Transport Agency has cited studies showing that drivers’ reaction times to hazards were, on average, 50% slower when using a mobile phone than under normal driving conditions.
 
The case for the new rules was further backed by findings that the risk of having a crash increased fourfold when drivers used their phones to send text/SMS messages.

The new law covers the use while driving of hand-held mobile phones and other telecommunications gadgets, such PDAs and Blackberries. It prohibits any use of these devices for phone calls, texting or emailing, with a few exceptions.
 
These exemptions are when a vehicle has stopped for a reason other than pauses in the normal flow of traffic, such as a road block mentioned above, or for genuine 111 and *555 calls emergency calls where it is impracticable to pull over to make the call. The use of hands-free mobile phones and two-way radios is also allowed.
 
However, the hands-free exemption only allows the use of a mobile phone in two situations:
• where the driver can make, answer or end a phone call without having to hold or manipulate the phone in doing so. This exemption is aimed at the use of hands-free kits that allow a phone to be answered without touching the phone itself (e.g. Bluetooth earpieces); or
• where the mobile phone is securely mounted to the vehicle (eg in a dashboard cradle), and the driver only needs to manipulate the phone infrequently and briefly.  “Infrequent and brief” manipulation would seem to include answering and terminating calls and making calls using speed dial presets on a dashboard mounted phone.

It is important to note that neither of these exemptions will allow a driver to create, send, or read a text or email message, or use a mobile phone in any other way, for example to read an e-book or surf the internet.
 
One issue that has come up is whether the exemptions would allow the SatNav/GPS or music playing functions on a mobile phone to be used while driving. 
 
On the current wording, it would be illegal to use a GPS system or play music on a mobile phone, while being perfectly legal to do exactly the same thing on a standalone GPS system, IPod, or car stereo. 
 
However, the Minister of Transport, Steven Joyce, has publicly stated that the rules will be amended to allow the use of a phone’s GPS or music functions if the phone is mounted.
Police officers (but not ambulance or fire service drivers) have an exemption from the law in the course of their duty, but police operations policy is for officers to set a good public example by minimising such events.
 
The legislation is still being fine-tuned but it has sparked a run on hands-free car kits ranging from relatively inexpensive headphone devices through to the more expensive hands-free installations that can be built into a vehicle.
 
The records show that between 2003 and 2008, there were 482 injury crashes and 25 fatal crashes in New Zealand, where the use of a mobile phone or other telecommunications device was identified as a contributing factor.





 

 

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Paulthagerous
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  #267197 27-Oct-2009 12:28
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Yeah, the basic jist seems to be 'the odd couple of presses every now and then for any reason are fine, else you will get fined'

Could just be my reading though.

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  #267202 27-Oct-2009 12:34
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so this just Apply's to mobile phones Not GPS device's or ipods right?

xpd

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  #267203 27-Oct-2009 12:34
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Im driving along.... traffic seems to be stopped - I assume its an accident ahead holding up traffic - according to the law, I can use my phone as normal - I do so - Mr Plod comes along and busts me because its not an accident but "slow traffic" and that it has been moving, but Ive only just encountered it so havent seen the traffic move.

I suppose its an "argue it in court buddy" scenario....




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rscole86
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  #267206 27-Oct-2009 12:40
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The officer would still be expected to use their judgement in all scenarios. And I am sure we could nit pick at all possibilities, but quite simply, do not do it if you want to avoid a fine :P

xpd, the problem there is that you assume its an accident, you are not sitting there stuck in traffic due to the accident closing the road. With the later, you would probably be alright.

Jadefuzy, A mobile phone is a portable electronic device which functions as a telephone.


EDIT, change of post.

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  #267210 27-Oct-2009 12:46
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joker97: looks like being caught in a traffic lights, a JAM, or train crossing excludes you from legally touching the phone!


 

There is one set of lights I go through during rush hour each day that has a long cycle time and it can often take more than one cycle to get through. I often turn around and clean up the kids rubbish in the back seat during that time. Is using my phone less safe?




 

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  #267214 27-Oct-2009 12:49
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Not even at traffic lights...ehh...but that's the best time to check things...

sarg
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  #267343 27-Oct-2009 17:26
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choosing between STOPPING a person using a mobile stationary at traffic lights or some one driving and using the mobile I would be chasing down the second not the first




that would be an ecumenical matter

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