On-the-spot fines for cyclists on phones

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allde
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On-the-spot fines for cyclists on phones

Postby allde » Tue Jun 27, 2017 9:07 pm

Mobile phone use by bicycle riders and users of wheeled recreational devices

A bicycle rider using a phone while cycling will be treated the same way as car drivers, with police empowered to issue on-the-spot fines of $476 to any cyclist using a hand-held phone while riding.

Cyclists are exempt from fines if the phone is secured in a mounting fixed to the bicycle (not held by the rider), or is not being held and doesn't require the rider to touch the phone.

The new rules apply to people using wheeled recreational devices, and any vehicle that is not a motor vehicle. This includes rollerblades/skates, skateboards and scooters.

The rider of a bicycle, or a person travelling in or on a wheeled recreational device, or the driver of a vehicle that is not a motor vehicle, can only use a mobile phone while the bicycle, wheeled recreational device or vehicle is moving, or is stationary but not parked if:

They are making or receiving an audio phone call or using the audio/music function and the phone

is secured in a commercially designed holder fixed to the bicycle, wheeled recreational device or vehicle, OR
can be operated without touching any part of the phone.
OR

The phone is being used as a navigation device and the phone is

secured in a commercially designed holder that is fixed to the bicycle, wheeled recreational device or vehicle, OR
can be operated without touching any part of the phone.
Operating any other function of the phone while riding is prohibited. This includes:

video messaging
text messaging
emailing
entering or placing anything into the phone (other than by voice)
sending or looking at anything in the phone
turning the phone on/off.


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Hardy
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Re: On-the-spot fines for cyclists on phones

Postby Hardy » Tue Jun 27, 2017 11:44 pm

So no more listening to iTunes etc while riding along, unless the phone is in a commercial mount?

freddie
Posts: 488
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Re: On-the-spot fines for cyclists on phones

Postby freddie » Wed Jun 28, 2017 12:28 am

you've got two senses that will keep you alive on the road, and you wanna block out one of them with itunes ?

stroppy
Posts: 193
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Re: On-the-spot fines for cyclists on phones

Postby stroppy » Fri Jun 30, 2017 10:01 pm

It's about time that the law regarding mobile phones was also applied to cyclists. I've seen cyclists on the "hell ride" with earplugs in place either listening to music or talking on their phones...so darn dangerous. I've seen courier riders in the city with one hand on the handle bar and one on the phone lifted up so the rider could speak on the speaker phone. I've also watched umpteen riders waft through traffic lights as if road rules don't apply to them. How more of them don't get flattened is beyond me.

I would dearly see all bike riders of 14 + years of age having to wear a thin breathable voile-type fluoro vest marked clearly with a registration number so that the errant riders amongst them can be identified just like car drivers. I would not make the cost onerous...just a one-off fee for the vest and further charges only applying to the purchase of a new vest when the old one wore out. At least in NSW all adult bike riders must carry photo ID on them when they ride on public roads. It's not as good as having a rego number but it's a start.

Day
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Re: On-the-spot fines for cyclists on phones

Postby Day » Fri Jun 30, 2017 10:41 pm

Hypocrite. You whinge about how the law is used and the police and then decry the lack of regulation of another road user group. At least those of us you choose to bag maintain a consistent adherence to those views without picking and choosing to suit this weeks rant.

stroppy
Posts: 193
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Re: On-the-spot fines for cyclists on phones

Postby stroppy » Sat Jul 01, 2017 7:20 pm

Day wrote:Hypocrite. You whinge about how the law is used and the police and then decry the lack of regulation of another road user group. At least those of us you choose to bag maintain a consistent adherence to those views without picking and choosing to suit this weeks rant.


Are you joking? First off, your second sentence doesn't make sense. Secondly, you may be a "traffic expert" but please learn how to use possessive apostrophes (this week's rant).

I have every right to have an opinion about our road law enforcement as you do. I have every right to comment about laws pertaining to cyclists. You do too. To write that my comments about laws relating to cyclists is hypocrisy is just ludicrous! In what way am I being a hypocrite? I have said that laws for all road users should be the same, including the ability to identify users via a number system as used on our number plates. Nothing terribly hypocritical there. Are you having a bad day? Do you find it offensive that someone here (shock, horror!) actually disagrees with you? How sad for you to have your tremendous sense of authority challenged. It must be very disheartening!

Day
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Re: On-the-spot fines for cyclists on phones

Postby Day » Sat Jul 01, 2017 7:57 pm

In what way am I being a hypocrite?


I explained my self clearly. You just chose to claim otherwise. So to break it down into simple, easy to digest pieces-

You whinge about how the law is applied, you whinge about the police, and then demand that attention be given else where. You can't have it both ways. You can't pick and choose, claiming they are unfairly applied in one instance then demanding a set of laws should be established for another road user group because you don't like them. ..... Well you can, but it makes you a hypocrite.


Are you having a bad day?

Hardly. But this just reinforces your hypocricy. Another forum user calls you out in the manner by which you have been making you mark in this forum. You have been abusing people and making broad generalisations as to why a person may have a contrary view to yours, then get your nose bent out of shape when taken to ask and escalate your offensive manner.

Why is it you can be petulent yet someone who points it out and disagrees with you is the one in the wrong who cant handle being disagreed with?

As to your attempt at trying to pull the superior ticket by correcting grammar. Is that how you try to assert yourself? You can't focus on context and content, rather wrapping and gloss?!
No. I know how to use a possesive apostrophe, a simple slip when using a tablet to post my replies rather than logging out and structuring the post in word before cut and pasting it back in is not how I chose to get points across.

stroppy
Posts: 193
Joined: Sun Jun 25, 2017 7:57 am

Re: On-the-spot fines for cyclists on phones

Postby stroppy » Sat Jul 01, 2017 9:29 pm

Day wrote:
In what way am I being a hypocrite?


I explained my self clearly. You just chose to claim otherwise. So to break it down into simple, easy to digest pieces-

You whinge about how the law is applied, you whinge about the police, and then demand that attention be given else where. You can't have it both ways. You can't pick and choose, claiming they are unfairly applied in one instance then demanding a set of laws should be established for another road user group because you don't like them. ..... Well you can, but it makes you a hypocrite.


Are you having a bad day?

Hardly. But this just reinforces your hypocricy. Another forum user calls you out in the manner by which you have been making you mark in this forum. You have been abusing people and making broad generalisations as to why a person may have a contrary view to yours, then get your nose bent out of shape when taken to ask and escalate your offensive manner.

Why is it you can be petulent yet someone who points it out and disagrees with you is the one in the wrong who cant handle being disagreed with?

As to your attempt at trying to pull the superior ticket by correcting grammar. Is that how you try to assert yourself? You can't focus on context and content, rather wrapping and gloss?!
No. I know how to use a possesive apostrophe, a simple slip when using a tablet to post my replies rather than logging out and structuring the post in word before cut and pasting it back in is not how I chose to get points across.


Your explanation is not an adequate argument in accusing me of hypocrisy. It is NOT hypocrisy to ask that all road users are treated equally and being able to identify cyclists with a numbering system has nothing to do with arguments concerning motorists and speed cameras.

I'm sorry I had a go at you about the apostrophe however your tone is so superior here (perhaps you don't realise it is) that you invite ridicule if you slip up. Kind of like the strictest of teachers making a clear mistake on the chalkboard and students pointing the error out to make the teacher realise his or her own humanity. Don't get me wrong...I do not have an ill feelings towards you or wish you any ill-will, I am just very much opposed to your very supportive stance regarding our legal system as it pertains to our road laws. If you are a motorist who enjoys driving their car, takes pride in ownership and likes to peruse new cars...etc...etc... then having a dislike for what you perceive to be an unfair system goes hand-in-hand. I am not a troll. I have been seriously hurt by trolls online in the past. I do not go out of my way to start arguments but I will defend my pov vigorously if challenged as I assume you would too.

I thought this forum was a place where people could ask advice regarding traffic infringements and discuss the current state of play regarding legislation and road rules. Was I wrong in this assumption? I had a prolonged argument with "Gravy" in another thread principally because he picked over my arguments and only chose to address some points he felt he had the facts to challenge me with. Other points he simply ignored. That I find really off-putting. I don't mind arguing the point but argue fairly and address all the points in the argument. Good evening to you.

Day
Posts: 1604
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Re: On-the-spot fines for cyclists on phones

Postby Day » Sat Jul 01, 2017 9:40 pm

I thought this forum was a place where people could ask advice regarding traffic infringements and discuss the current state of play regarding legislation and road rules.


Might I suggest you conduct a more thorough survey of the submissions made by those you distrust. It may prove enlightening. Consider the context. Consider the content. Ignore the tone, as tone may be perceived......received...not as conveyed nor as intended. Most importantly .....consider all the above whilst reading the post which earned the focus and caused the response.

Cheers.

Hardy
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Re: On-the-spot fines for cyclists on phones

Postby Hardy » Sat Jul 01, 2017 11:15 pm

If cyclists have it so easy and motorists are getting harassed so unfairly perhaps you should consider getting rid of your car and jumping on your bike.

stroppy
Posts: 193
Joined: Sun Jun 25, 2017 7:57 am

Re: On-the-spot fines for cyclists on phones

Postby stroppy » Sun Jul 02, 2017 1:17 am

Day wrote:
I thought this forum was a place where people could ask advice regarding traffic infringements and discuss the current state of play regarding legislation and road rules.


Might I suggest you conduct a more thorough survey of the submissions made by those you distrust. It may prove enlightening. Consider the context. Consider the content. Ignore the tone, as tone may be perceived......received...not as conveyed nor as intended. Most importantly .....consider all the above whilst reading the post which earned the focus and caused the response.

Cheers.

It's not a matter of trust...trust has nothing to do with this. Context, tone and style of delivery go hand in hand when presenting whatever version of facts you believe in.

From what I can see worried people come here to ask questions of the supposed resident "experts" to see if they have done the wrong thing or what might happen to them in a court of law. Being that they are worried and probably unused to the complexities of traffic law responses to them need to be tempered with some compassion and not couched in such a way as to be brusque and dismissive.

stroppy
Posts: 193
Joined: Sun Jun 25, 2017 7:57 am

Re: On-the-spot fines for cyclists on phones

Postby stroppy » Sun Jul 02, 2017 1:24 am

Hardy wrote:If cyclists have it so easy and motorists are getting harassed so unfairly perhaps you should consider getting rid of your car and jumping on your bike.


You're a lawyer, for heaven's sake! This is not the reaction I would expect of a learned gentleman. My posts argued for equal treatment of all road users and spoke about how cyclists HAVE had it easy in the past. They pay no registration, no TAC premium yet they are covered in case of accident by the TAC. Unless stopped by a member of the police force they are almost unidentifiable if they commit a road offence being that they have no identifying number as cars and motorcycles do. To see how cyclists misbehave on our roads I invite you to observe what happens in the CBD every day with cycle couriers. Then take a drive down to watch the "hell rides" over the weekend.

Perhaps you are a weekend cyclist or you commute regularly with your cycle...good luck to you. All I have suggested is that cyclists obey the law as motorists and motorcyclists must and that they carry identifying numbers. Not much to ask. Using the same logic you and others use with motorists who come here for advice...if you do nothing wrong (as a cyclist with a number plate or vest) then you have nothing to worry about. :)

Gravy
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Re: On-the-spot fines for cyclists on phones

Postby Gravy » Sun Jul 02, 2017 1:03 pm

stroppy wrote:It's about time that the law regarding mobile phones was also applied to cyclists. I've seen cyclists on the "hell ride" with earplugs in place either listening to music or talking on their phones...so darn dangerous. I've seen courier riders in the city with one hand on the handle bar and one on the phone lifted up so the rider could speak on the speaker phone.
I largely agree with you on this.


stroppy wrote:I would dearly see all bike riders of 14 + years of age having to wear a thin breathable voile-type fluoro vest marked clearly with a registration number so that the errant riders amongst them can be identified just like car drivers. I would not make the cost onerous...just a one-off fee for the vest and further charges only applying to the purchase of a new vest when the old one wore out. At least in NSW all adult bike riders must carry photo ID on them when they ride on public roads. It's not as good as having a rego number but it's a start.
But this I cannot agree with this. There is no evidence to suggest that there are any improvements in road safety to be realised by registering cyclists. The only likely outcome is that cycling participation rates would decrease, and that's bad for everyone.

stroppy
Posts: 193
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Re: On-the-spot fines for cyclists on phones

Postby stroppy » Sun Jul 02, 2017 6:51 pm

Gravy wrote:
stroppy wrote:It's about time that the law regarding mobile phones was also applied to cyclists. I've seen cyclists on the "hell ride" with earplugs in place either listening to music or talking on their phones...so darn dangerous. I've seen courier riders in the city with one hand on the handle bar and one on the phone lifted up so the rider could speak on the speaker phone.
I largely agree with you on this.


stroppy wrote:I would dearly see all bike riders of 14 + years of age having to wear a thin breathable voile-type fluoro vest marked clearly with a registration number so that the errant riders amongst them can be identified just like car drivers. I would not make the cost onerous...just a one-off fee for the vest and further charges only applying to the purchase of a new vest when the old one wore out. At least in NSW all adult bike riders must carry photo ID on them when they ride on public roads. It's not as good as having a rego number but it's a start.
But this I cannot agree with this. There is no evidence to suggest that there are any improvements in road safety to be realised by registering cyclists. The only likely outcome is that cycling participation rates would decrease, and that's bad for everyone.

I don't agree about cycling participation. If the cost was minimal...say in the area of $50 or less and the cost was a "one-off" expense (to pay for a lightweight voile hi-vis vest with numbers printed thereon) then I think cyclists would (certainly begrudgingly) comply. I'm sure that when registration was first introduced for motor vehicles there were grumblings from the motoring public at the time. Cyclists have to realise they are road users like everyone else. They already get a free ride in terms of registration and TAC coverage.

freddie
Posts: 488
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Re: On-the-spot fines for cyclists on phones

Postby freddie » Sun Jul 02, 2017 8:02 pm

stroppy wrote:Cyclists have to realise they are road users like everyone else. They already get a free ride in terms of registration and TAC coverage.


I'm a cyclist. I'm also a motorcyclist. And a car driver. How much more money do you want me to pay the State government to use the same friggin roads every year. I'm up to about $1,600pa in rego already and that's before any of my other costs are counted - fuel, parts & servicing, depreciation, comprehensive insurance, tolls, safety gear for the bike (boots, pants, jackets, helmet, gloves)

So where's my free ride I'm not seeing it.

freddie
Posts: 488
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Re: On-the-spot fines for cyclists on phones

Postby freddie » Sun Jul 02, 2017 8:58 pm

Actually I reckon the car drivers should be paying money to the cyclists for taking loads of cars off the roads giving them a better run and more parking spaces at their disposal :idea:

Day
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Re: On-the-spot fines for cyclists on phones

Postby Day » Sun Jul 02, 2017 9:03 pm

freddie wrote:Actually I reckon the car drivers should be paying money to the cyclists for taking loads of cars off the roads giving them a better run and more parking spaces at their disposal :idea:

I was thinking the same thing. Less traffic, less pollution, more parking spaces, healthy subsection of the population not being as much of a draw on public health, the more people doing it the greater awareness and understanding....

freddie
Posts: 488
Joined: Mon Jan 24, 2011 10:09 pm

Re: On-the-spot fines for cyclists on phones

Postby freddie » Sun Jul 02, 2017 9:42 pm

I'd like to think that I'm helping to change the culture of cycling for the better in Melbourne
- i dont wear lycra
- i dont ride everywhere like im competing in a Tour de France time trial
- i dont overtake other cyclists on the left
- i dont shout "passing" at other cyclists when I overtake them
- i stop at red lights. all of them.
- i am aware of dedicated turning lanes and dont block or impede them
- i slow down to a reasonable pace on shared paths with pedestrians
- i always stay as far to the left as possible so as not to impede traffic or other cyclists
- i have front and rear lights that actually work and i use them

I can totally see why people hate "cyclists" though. There are a loads of them who carry on like absolute knobs on the roads. I saw one the other day cycling at full bore across a pedestrian crossing and then mouthing off at a car that was legally turning at the interesction. If you're gonna use the roads then at least learn the bloody road rules and don't be mouthing off at other road users when you're the one that's breaking the law.

Probably all that's missing at the moment is some sort of mandatory road rules training for cyclists, if they don't hold another full licence. Some of them either dont have a clue, or else just act like complete pricks becuase they think they can get way with it.

I'd be all for a massive Vicpol crackdown on cyclists, give them a salty dose of what other road users have to deal with.

stroppy
Posts: 193
Joined: Sun Jun 25, 2017 7:57 am

Re: On-the-spot fines for cyclists on phones

Postby stroppy » Sun Jul 02, 2017 11:09 pm

freddie wrote:
stroppy wrote:Cyclists have to realise they are road users like everyone else. They already get a free ride in terms of registration and TAC coverage.


I'm a cyclist. I'm also a motorcyclist. And a car driver. How much more money do you want me to pay the State government to use the same friggin roads every year. I'm up to about $1,600pa in rego already and that's before any of my other costs are counted - fuel, parts & servicing, depreciation, comprehensive insurance, tolls, safety gear for the bike (boots, pants, jackets, helmet, gloves)

So where's my free ride I'm not seeing it.


Well Freddie...it's like this... our government requires you to register your motorised vehicles. If they then require it of cyclists you've made a CHOICE to use all three methods of transport. The CHOICE is yours, mate. I cycle occasionally and if I was asked to cough up a one-off rego fee for it I wouldn't mind at all. It wouldn't be in the hundreds of dollars it'd be more in the range I have already suggested. And yes, I would expect you to pay rego on your bike because if you come a cropper then TAC has to foot your bill. For people who are exclusively cyclists the TAC coverage is now free. It's not fair. Perhaps a scheme could be nutted out so that if you already pay TAC on one form of registration then that would cover you for the other vehicles or bikes you have. The actual registration fee would still have to be paid.

stroppy
Posts: 193
Joined: Sun Jun 25, 2017 7:57 am

Re: On-the-spot fines for cyclists on phones

Postby stroppy » Sun Jul 02, 2017 11:17 pm

Day wrote:
freddie wrote:Actually I reckon the car drivers should be paying money to the cyclists for taking loads of cars off the roads giving them a better run and more parking spaces at their disposal :idea:

I was thinking the same thing. Less traffic, less pollution, more parking spaces, healthy subsection of the population not being as much of a draw on public health, the more people doing it the greater awareness and understanding....


I'm sorry...I almost fell over laughing at this one. Sure, cycles are fine in summer and spring and just fine for quick commutes around your local area but what about people who work miles away from where they live? What about people who need to take their family on outings...young children, etc? What about when you want to visit aunt Fanny in Warragul when you live in Doncaster? Get a bus you say? Sure...just try and get around on buses at the time YOU want to travel and see how you go. Get a taxi you say? Sure...you must be made of money. And what about older folks who can still drive but can't ride a cycle? Do you take their licence off them and force them onto public transport.

Honestly your reply here speaks volumes about your mindset. I've come into this forum and upset your cosy pontificating nest...where you preach to people about how great the government is and how wonderful our road rules are. Pardon me but that makes me feel somewhat nauseated. Have a good long look at the membership here. There's a core of members who regularly dish out "advice" and then there are MANY more coming here to get help. Some do get help and that's great...others get told to cop it sweet and too bad for how they feel. These people make a handful of posts and then never come back. I wonder why?


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