Dooley Blog

Following a US man claiming that the woman texting him was also to blame when their text exchange resulted in a crash, here is a reminder to all drivers of just what the rules are surrounding the use of mobile devices in a car and the penalties for being caught texting, reading a text or using your mobile device whilst driving.

Whatever the circumstances you believe justify the reason for sending or reading text messages whilst driving, it is illegal to drive a vehicle whilst using a mobile phone and there is a significant fine and loss of three demerit points should you be caught doing so. It is also illegal to carry out phoning or texting whilst stopped at traffic lights or when your vehicle is stopped but not parked.

Whilst a hands free device can lessen the impact of making and receiving calls, it doesn’t make it safer to use a phone whilst driving. Concentration is still diminished and you are diverted from the proper control of your vehicle, the traffic situations around you and road conditions. Research from The Institute of Road Safety in the Netherlands found that “hands free phoning does not have a significant safety advantage over handheld phoning.” Other Australian studies carried out by State roads authorities have concluded that “using a mobile phone while driving is dangerous as it slows reaction times and interferes with a driver’s perception skills, increasing the chance of having a crash”.

For Learner drivers, P1 drivers and motorcycle riders, any use of a mobile device is banned, including hands-free or phones on speaker.

The RTA has this advice for drivers:-

If you must talk on a hands-free phone while driving:

• Make sure it is a hands-free phone that is set up and working before you start driving.
• Keep the conversation short. Don't engage in complex or emotional conversations.
• Tell the person on the other end that you are driving and may have to end the call.
• Never text message (SMS) while driving.
• End the call if it is distracting you from driving.

A final tip to help keep you focused and safe whilst on the road - turn off your mobile phone whilst driving and retrieve your messages when you are parked and ready to concentrate.

Should you find yourself facing a Traffic Infringement or Court Attendance Notice, please contact our friendly team who can help you resolve the matter as quickly and effectively as possible.

Everyone hopes they will never be in the situation where they lose their licence but it can happen to anyone. As the Christmas season approaches so too does the longest continuous period of the double demerit scheme. This is significant for example if you are caught speeding less than 15km/ph you would normally accrue 3 demerit points however during double demerits it would result in the accrual of 6 points. This is almost half the number of points you are allowed to accrue in any 3 year period. If you are involved in two such offences or are on a learner or provisional drivers licence you could find yourself without a licence.

As well as the double demerit scheme being in place there is also a higher police presence on the roads therefore the chance of getting caught is higher. Other offences such as drink driving and speeding 30km/ph or more can result in an immediate loss of licence.

What is important to know is if your licence is suspended or you are disqualified from driving you MUST NOT drive during that period. If you do drive and are caught then you could face a heavy fine, 18 months imprisonment and a 12 month licence suspension and if it is a second major traffic offence then the penalties are much more severe.

If your licence is suspended for any period of time, either by a court or the RTA, we recommend that at the end of your suspension period you go to the RTA (do not drive there) to renew your licence and confirm that you are able to drive. If you do not do so and continue to drive, although your suspension period may be over, your licence may still be cancelled and you will be guilty of the offence of driving whilst unlicenced, the penalty for which could be a heavy fine, up to 18 months imprisonment and up to 12 month licence suspension.

If you have an issue involving a traffic offence, contact us.