It's a real can of worms. Ordering and paying with an app requires you to know order codes and if you forget, you need to check your phone. It's not just fast food places either, although you're more likely to switch things off in some places.These apps aren't going away and govt rules seem to be ignoring the subtleties and realities.
To avoid a fine you must have your engine switched off and your handbrake on before using your mobile phone
It would be the same if you were going into a drive in cinema, you are required to use the QR code for Covid.
So you will have to stop the engine & put the handbrake on first before using your phone.
Probably best as there will be photographic record is to actually get out of the car. Best to cover your backside to make sure you never get an expensive fine as no one else is going to pay for it.
Just get out of the car before touching the phone.
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Turns out the law is strict and still applies to drivers who are stationary at a drive-thru.
Where does it say that? Road rules used to only apply here on gazetted roads.
G'day
If you have a read of the rules you should find what is called a "Road related area" which can be a car park, A drive through lane, a service staion driveway or a bit of land beside a road. the road rules still apply to these areas while they are open and accessible to the motoring public.
Frank
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'A $377 fine given to a driver for an obscure offence has been slammed online Sheree was fined $337 because her passenger was on her phone using Facetime Others shared her anger, but police and RMS confirmed it's a legitimate offence Last year a NSW man was fined because his passenger was using a laptop'
That would be the national road rules australia. Sure I mentioned it was the road rules that apply to road related areas
-- Edited by KFT on Friday 27th of November 2020 10:36:33 PM
Thanks, it seems that they don't have any effect, in and of themselves. I don't use a smartphone so I can't be bothered trying to suss out what the specific law here is, I'd be interested to know whether anyone has actually been convicted of a breach of whatever provision it is. That abc report is very vague and it's a year old. Some journalists love an attention-grabbing headline, not so much the possibly boring truth of whatever they are waffling on about.
In the end, state or territory laws apply. Federal rules and things like ADRs are guidelines and subject to each legal jurisdiction's interpretation and application. As for being fined (on the spot fines are not convictions, only courts convict people) in a drive-thru, it appears to happen from time to time. I've read and seen a number of news reports. RACQ and RACV have both written about use of phones in a drive-thru. Interestingly, RACQ says Qld legislation describing "parking" doesn't state anything about engine on or off and neutral selected and handbrake in is described as parking but Qld Police say your engine needs to be off, handbrake on. Definitely a can of worms. I wonder if there is a back story to the instances of fines in drive-thrus.
I wonder if there is a back story to the instances of fines in drive-thrus.
I would have thought if you were driving looking at the phone/not paying attention rather than stopped in front of the cashier and using it for payment? Or they followed somebody in who was using the phone out on the "real road" before they entered? I would hope that fines are given when a driver is actually doing something potentially dangerous rather than just "because".
I don't get how people can think they can use a mobile phone while driving along, but that's a different thing to holding it out the window to tap it (or whatever they do when it's used for payment) when you are stopped at a cashier window.
If phone are a distraction, and I agree they are, what about these darn screens in all the new cars? You can be distracted by watching the map/navigation. You can be distracted by putting in an address. Or looking for the nearest Maccas!
Our navigation in our vehicle is hopeless for zooming etc while on the move. So when are they going to clamp down on them as a 'distraction'.
As for the OP. My guess is that there is always something else going on for the police to notice in the first place.
I'm not as sure it's as cut and dried as you imply.
The original rational for banning hand held mobiles in a vehicle was that the interactive (two way duplex) conversation was distracting to the driver - so holding a phone was banned but making phone calls via Bluetooth was not, how is this less distracting?
"Two way radios" (CB, Amateur, et al) are specifically permitted (Road Rule 300 in Vic) so clearly it's not the action of using one hand to hold a microphone which is an issue.
Therefore:
If having an interactive conversation is not an issue and using one hand to do non driving things is not an issue... where does the problem lie?
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If having an interactive conversation is not an issue and using one hand to do non driving things is not an issue... where does the problem lie?
People aren't necessarily using the phone just as a phone, they can be watching youtube or looking at their friend's new clothes (or birthday suit), or looking up what to eat for lunch or picking out what song to play, all sorts of stuff that UHF radios don't do.
All my in-car GPS won't allow an address entry when mobile. They have voice command but it's useless unless a local address. They will let you control some fuctions though and some will need eyes. The issue with handheld mobile phones is you need to view the screen and hold it. That's quite different to hands-free, UHF and talking to a passenger. I still think the laws need fine-tuning though. In case case of cashless payment with mobile, it's actually safer than fumbling through a wallet for a plastic card and waving it at a scanner. Pre-electronic tolls, I used to watch people fumbling for change as they approached toll booths and wonder why that wasn't fined.
I'm old fashioned too Bob cos I won't pay with the phone either but do use plastic to pay with.
As for Maccas, mate, they say in their adds they use 100% Ozzie beef and their Angus beef burgers are 100% Angus beef. That must mean their chicken is real chicken and the fish is real fish. But it would be fush in NZ.
I actually don't mind the occasional Sunday but only buy on a Sunday or it would taste different on a different day.
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