Should It Be Legal to Use a Mobile Phone When in a Stationary Vehicle?

I, like many others, have witnessed a countless number of people using their mobile phones whilst behind the wheel. Whilst campaigns by road authorities and the state and national governments have sought to combat this issue, people still choose to ignore their messages. Just like how there are still alcoholics, heavy drug abusers, rapists, problem gamblers (and the list goes on) no amount of education can make a person abstain from what they wish to do. As such, I feel that complete prohibition is somewhat of an issue, and I will explain why.

As I initially mentioned, I am sure that everyone reading this has seen multiple drivers using their mobile phone at various points in time. Now, consider how hard it is to spot someone doing this, apart from the clearly obvious case of people holding the phone to their ears. How are we to tell the difference between someone looking down at their food, or wallet, or shifter (etc. etc.) and their mobile phone? Whilst we are driving, it is impossible to pay enough attention to what they are doing whilst still driving safely, and this is no different for the police. The only time that it is easy to identify phone use is when stationary, such as at a red light, since you can get a good look.

Now, whilst people who use their phones may not be the sharpest bunch, most aren't stupid, and will know this. As such, if they don't want to get caught, they'll use it whilst moving and not whilst stationary where it is much easier to be identified by law enforcement. Unfortunately, it just so happens that the time when it is least likely to be noticed is also the most dangerous time to use it.

So, my contention is this; in order to prevent people from using their phone at the most dangerous moments whilst driving, then the punishment for using it whilst moving should be increased, whilst simultaneously making use whilst stationary to be legal. Why? Well, because people who are currently using their phones clearly do not take heed to the prohibitionary measures that are currently in place. Obviously, in an ideal world, people should not be using them at all, but that is not that case. However, these people who cannot bare to wait the minutes or hours until their destination to use their device will surely see the logic in waiting mere minutes or even seconds for the next stop light, with knowledge that it is legal, comparative to severe punishments otherwise. This will prevent these people using their phones at the most dangerous times, in an attempt to make it more difficult to catch them.

What do you think? I feel like this is comparative to harm minimisation (i.e providing a "safer" alternative to a dangerous activity where complete abstinence is not working, such as methadone clinics for heroin addicts) and also middle ground tactics (i.e making the legal BAC limit 0.05 as opposed to zero, in the hope it prevents the attitude of "well, driving home will be illegal with only one drink so I may as well go all out")

Poll Options

  • 10
    Yes, mobile phone use should be legalised whilst a vehicle is stationary.
  • 54
    No, mobile phone use laws should remain as they currently stand.
  • 1
    No, mobile phone use laws should be something else....(comment)
  • 0
    Other/Undecided (comment)

Comments

  • +4

    There is absolutely no reason anybody needs to use a mobile phone while driving.End of story.

    • I said as much in my post. The problem is that, so long as people have free will, they're going to do it. If humans are capable of committing murder despite the harsh penalties and downright disgusting nature of the act, then humans will be capable of ignoring much more minor laws and use their phone.

      As it stands, the landscape is such that those with responsibility will not use their phones, but a minority of people still choose to ignore all warnings. Implementing something along the lines of what I suggested would (theoretically) see no increase in users, as those who don't use them won't suddenly lose their aforementioned responsibility, and would also decrease the likelihood of one of the 'users' using it in more dangerous situations.

      tl;dr - If we could stop people from using them, then we would have done so already. This should make the defiant few less dangerous, which is better than pretending that everyone adheres to zero tolerance laws.

      • +2

        and would also decrease the likelihood of one of the 'users' using it in more dangerous situations.

        I'm not sure how you make this logical leap. As you said, the laws/fines seem unable to deter a portion of the population. So why would amending those laws/fines sway this undeterred portion one way or another?

        Completely anecdotally I see mobile phone laws in the same way as speeding laws. Nearly everyone speeds to some extend and we all justify it to ourselves ("Oh, I only ever go <10kms over"). But when we get caught for speeding and have to pay the fine, we may get more conscious of our speed. Same goes for mobiles - get caught, pay the fine, and watch your behaviour modify.

        Again, anecdotally, from my experience there's much more awareness of things such as texting and driving. I know I used to do it very occasionally, now I frown upon it and will tell people off for it because of how dangerous it is.

        Plus, we don't have "zero tolerance". You can have hands free, most cars have bluetooth now. You can have your phone fixed to a mount on the dash. There are plenty of safe options.

    • +1

      Nocure… That is the truth, and the truth will hurt these phone addicts.

    • absolutely no reason

      You are being fired at by a pack of space cowboys and need to call the cops.

    • the police use theirs (and are allowed to do so by law)…

  • +1

    Tl:Dr

    ∆∆this

  • +2

    You can use your mobile 'phone in the car at all times.

    All you need is a bluetooth device, which will cost you less than $20.

    If you are too stupid to set one up, then you can pull off to the side of the road, turn off your car and make your call.

    What dictionary did you swallow, BTW? Interesting first post :-)

  • Instead of a fine just confiscate their phone.
    People would rather die.

  • +2

    I think you don't understand human behaviour very well. Allowing people to use their mobile phones whilst stationary will do nothing at all to minimise people doing it whilst moving.

  • Tl dr

  • +4

    Was in a long line of traffic waiting for a turn arrow recently … light goes green… we had to wait a considerable time before we could move.. 4 cars in the queue just sat there. I saw the one in front of me put his phone away before he moved off and guess the others were having a fiddle with something small in their lap too.
    Addicted phone fiddlers… they're seriously sick people. The fine should be $1000 and actively policed, then they might get the message.
    Pedestrians just walking out, never taking their eyes off their toy… aaagghhh…, the ultimate (profanity).. thats another story.

    • having a fiddle with something small in their lap

      I see what you did there…

      • Yes.. I am sure it is a phone but sometime you cant tell.. but you do have to wait until they are finished usually.. he he he

  • I'd agree that there is a difference between parked and stationary. Currently you need to be parked, I'd agree that using while the car is running, but out of traffic is acceptable, but not in a line of traffic. Too many people texting etc on phones while at red lights not seeing when it's time to go etc. (Once or twice I may have used a phone to text stopped in traffic, but don't agree it should be legal)

    • I thought you couldn't use the phone in a car as long as the keys was on you. Someone could've lied to me but apparently, if the keys are on you, you have the intention to drive so it makes it illegal to use the mobile even when parked.

      • +1

        I think it's just parked, engine off. As with pulling off the road and turning off the engine to use a mobile.

      • I didn't say that using a phone while engine running was legal, just that it seems to be an acceptable relaxation of the rules.

        • I didn't mean that, I heard that even with engine off but having the key on you. Not sure if what I was told was correct.

      • This keys thing may be confusion re: sleeping in your car while drunk/drink driving laws.

        • Could be because of this… really unsure, it's something that I heard but don't have a way to confirm.

  • +4

    And have to wait even longer for some twit up the front to finish checking their Facebook? No thanks.

  • +2

    No, one of my biggest pet peeves is some guy ahead taking that little bit longer to start when the light goes green, and I know exactly why.

    • In a line of traffic you will usually get more than one!!

  • It's legal to use it when the vehicle is in park and it is stationary. I agree with @blitz

  • I'm all for harsher penalties to reach those drivers mentioned who are not responding to the current deterrents.

    Some suggestions for first time offenders:
    - Impound/confiscate their phone for 1 month including sim card/memory card/accessories (similar to anti-hoon laws where their car is towed away on first offence).
    - 1 month on the spot license suspension (similar to NSW Police laws where they can suspend on the spot at police officer's discretion).

    For repeat offenders:
    - Crush the phone including sim card/memory card/contacts lists/data (similar to the anti-hoon laws where a car can be crushed or sold at Police auction).
    - 3 months license suspension.
    - 3 months car impound.
    - A new system of license suspension where a driver remains suspended until they return a 'yellow slip' to the road authority. A yellow slip being a sign piece of paper from a licensed driving school showing the driver has relearned their Provisional drivers requirements. Full yellow slip fees to be born by the driver. This is akin to what happens for clearing a car's defects.
    - car interlock devices (similar to alcohol BAC readers) that require the driver to remove their SIM card, insert it into the interlock device before the car will be allowed to start. For example the interlock devices could use the SIM card to connect to the mobile phone network, transmits the GPS coordinates + date/time to central servers where the authority to start engine is transmitted back.

  • You have missed 1 possible danger and that is vehicles pulling off the road to answer the phone, recently I was almost hit by a truck while walking along a footpath when it pulled onto the path.

    • Already covered. You can't park just anywhere. Not that is stops people thinking the phone can't wait and must pull up NOW.

  • I beep people who use their phones at the lights. Once caught a red p-plater, driving a vehicle with the back number plate missing, staring at her phone. It was too obvious as it was at night, I beeped her and shook my head…

    EDIT: I get that sometimes you just have a phone call you can't miss, but very often I see people on their phones, taking selfies or browsing Instagram.

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