VK Logger Ham Radio Forum Archive

.......come though my town..........

Sounds more like Officer Billy Bob from Hicksville. Does he own Hamilton? Mighty fine town you have there, pardner.

Oh, and I don't see any reference to emergency services in the legislation referenced by a previous contributor. Is he just making this up? Both he and your local magistrate depend on fines for their income, so I suppose it would be silly to tempt fate. Far better to light up a fag whilst driving at 100km/hr - that's perfectly safe, it seems.

Thank our lucky stars we have so many nannies to look after us in Victoria.

Chas
VK3PY

If using a hand mic was frowned upon, every second driver would be getting pinged.

VK3DXE wrote:I'm actually surprised that some smart a*** hasn't come out with a curly cord attachment for phones to slip past the cursory glance of the Constabulary.

But some smart a** has come up with this...

Or this - http://www.clubretail.com.au/walkie-tal ... et-p458198

Sent from my MZ601 using Tapatalk

VK3ZAZ wrote:I just spoke to Dennis Dawson TMU HAMILTON

He said "tell the idiot who told you that come though my town and I catch you, you will be fined $185.00 on the spot, or if he chooses he can come to court and argue with the magistrate about his rights to use a radio while driving at 100km/h"

This is a perfect example of "failing the attitude test". A cop's first instinct when you start to argue (or tell them they are wrong) is to throw the book at you and say "see you in court if you don't like it". Then it wastes a lot of your time trying to recover from the situation. Don't argue with cops, it is a futile endeavour. Polite explanation of your knowledge of the road rules "As I understand it, ......, is that correct?" NOT "you're wrong, it's ......" might help.

Personally, I think it's far better to be discreet about it. It avoids having the whole debate in the first place.

Dawson said it is as much about Concentrating on driving.

This is the crux of the issue, the road rules state:

297 Driver to have proper control of a vehicle etc

(1) A driver must not drive a vehicle unless the driver has proper control of the vehicle.
Maximum penalty: 20 penalty units.

If they see you driving erratically it's something they can ping you for. If you're driving properly then they are far less likely to notice you in the first place.

He said "tell the idiot who told you that come though my town and I catch you, you will be fined $185.00 on the spot, or if he chooses he can come to court and argue with the magistrate about his rights to use a radio while driving at 100km/h"

Ask him what specific reg breach he'd charge someone with who was simply using a mike, in full control of the vehicle and not driving dangerously. The answer would be interesting.

using CB radio especially if they pervert the course of justice "Flash for Cash at the town bridge"" but that's a different matter.

he said if hams used radio to tell about cameras and they used their callsigns or a complaint was made or they were identified as carrying out that sort of practice, they could get booked also.

I'm not sure that is correct either, at least in Victoria. I have heard highway patrol coppers say if someone flashes their lights to warn of speed cameras etc., no charge will be laid; its seen as serving the purpose of slowing other drivers down.

FWIW there is a useful forum for asking such questions for Victoria. Google "Victorian Traffic Law Forum" and look for the trafficlaw url.

VK2AVR wrote: If they see you driving erratically it's something they can ping you for. If you're driving properly then they are far less likely to notice you in the first place.

I was formerly in law enforcement (not Australia though). I can attest to what VK2AVR says: it's common sense that if a cop wants to catch someone for "something" (whatever the heck it may be), you profile the person first. Nobody, NOBODY is so free to go round looking at everyone randomly.

Even if (and that's a big if) the use of speaker mics were prohibited, you'd have to be darn unlucky to be caught unless you're driving like a drunk.

I too would be interested in the outcome of this debate.

Several years ago I drove for the Government and on many occasions and in several different states my car was fitted (ie Velcro strapped into/onto the consul) with a two way radio and handset. It was for me to use to contact the Police car in-front or behind for changes to route etc whilst traveling. As I was not a Police or emergency services personal - each time it happened I had to participate in training (mainly the freq's to be used) and then given a "letter of exception to use the said radio whilst the vehicle was in motion" and I had to carry it whilst working. I just looked to see if I still had one but must have tossed them all out.

Each time I did a pick up a plain clothes copper would check that I had the right credentials and that letter before they would access the car.

And what happens if you use a phone patch and engage in a phone call whilst driving, using a two-radio rather than a mobile phone.

Stoopid laws.........made by people with NFI

VK1FSTJ wrote:As I was not a Police or emergency services personal - each time it happened I had to participate in training (mainly the freq's to be used) and then given a "letter of exception to use the said radio whilst the vehicle was in motion" and I had to carry it whilst working

This would have been for the frequency usage (as you're not licenced to transmit on police bands) rather than the act of holding a 2-way microphone.

Don't hold your breath waiting for this debate to "resolve".. some hams are simply determined not to be happy and equally determined to drag everyone else down with them in bitter argument. The short answer is that there is nothing SPECIFICALLY in the laws prohibiting the use of two-way radios while mobile, but there is enough scope in the laws GENERALLY to ping you with something if the police feel so inclined. Don't give them a reason (eg poor attitude) and you'll be fine. Life's too short to base your actions on what some randoms on the internet think, use common sense!

[quote="VK2AVR
short answer is that there is nothing SPECIFICALLY in the laws prohibiting the use of two-way radios while mobile, [/quote]

As well as that the law specifically exempts two way radios from the mobile phone while driving laws.

VK2AVR wrote:This would have been for the frequency usage (as you're not licenced to transmit on police bands) rather than the act of holding a 2-way microphone.

Don't hold your breath waiting for this debate to "resolve"..

Yes I understand what you mean Geoff - VK2AVR just to clarify I was passed as a radio operator (Army radio operators course, unlike getting an amateur lic.) It was definitely holding a communication device whilst driving but it was before the Aust Road Rule standardised and fixed everything.

The Heavy Licence handbook ACT states that "It is dangerous and irresponsible to drive with one hand off the steering wheel while operating a communication radio or CB. The correct method for using these devices is to pull off the road and stop", but it is not a law.

Still breathing..............

I just came home from wreckers towing trailer with a motor nicely tied down, the pulled me over just to check me.
Can but imagine if I was chewing the fat on the 2M repeater for some reason holding mike in one hand steering round corner with other...
I wonder if I said to the officer be with you in a sec while I finish this 2M qso.
so tell me you are chewing the fat through an over come to a corner what do you do let go with your good hand and put blinker on? What about changing gears..
Anything that detracts is a hazard, law or no law.
And I bet if you ran a red light or hit someone you would NOT own up to using a two way radio
The rules are there you just have over looked them or haven't found the statute and as you know ignorance is not an excuse.

Cant say but officer I didn't know it was illegal which basically is what is being said here...

First person to make eye to eye contact with a patrol car and survive let us know all ears as to what the reaction was to you having a mike up to your face with one hand and steering with the other.
Or maybe one passes you on freeway at 95-100k and looks in and you are yarning on your radio LOL

VK3ZAZ wrote:
Cant say but officer I didn't know it was illegal which basically is what is being said here...

but it is not.

The lone act of talking on a two way radio while driving is not against the law.

It you don't have control of the veh , for any reason, that is the issue.

VK3ZAZ wrote:First person to make eye to eye contact with a patrol car and survive let us know all ears as to what the reaction was to you having a mike up to your face with one hand and steering with the other.
Or maybe one passes you on freeway at 95-100k and looks in and you are yarning on your radio LOL

I've done this MANY, MANY times in my daily travels around Melbourne and in the country. As mentioned in my previous post, the copper has seen the curly cord and mic and paid no further attention. I've even been chatting on 70cm while the Dawson St (Brunswick) Hwy Patrol fellas on their bikes do the cruise along the queue of traffic waiting at the lights near work, busting mobile phone users and same outcome every time for me - they have a quick look and keep going....

I agree, the legislation clearly states radio two way radio operation is exempt from the phone legislation.

HOWEVER

I can't imagine arguing the point that it's not illegal to operate a radio in a moving vehicle. If you get pulled over whilst talking on the radio I'm pretty sure the details of the infringement (or warning) are down to his discretion. If you've been pulled over because you were spotted operating the radio you're already better than even odds to cop a ticket. You can argue a point of law or say you're sorry and you won't do it again. The outcome would depend on the demeanor of the person that has pulled you over and the way you argue your point.

I'm quite happy to drop the mic for a few seconds rather than deal with being pulled over.

Besides, everyone knows in their heart that talking on the radio or on the phone while you're driving IS a distraction.

We use the GRN all day long and talk on the radio when needed while driving heavy vehicles...Never get stopped, never get chatted to by the police...

Chatting to VK4GHZ on 2m FM this afternoon whilst driving home. Passed a police vehicle, that took interest in me, subsequently did a u-turn and about 1km down the road I saw the flashing red & blue lights and hand gestures suggesting that I pull over

After being accused of being observed conducting a conversation on my phone whilst driving, (meanwhile the phone was connected to the charger, sitting in the console and unable to reach the driving position) I advised the 'friendly' officer that it had been the microphone (showing him that it was still sitting on my lap and the radio turned on) and not a phone that I had been observed using.

I was advised confidently that it had been the phone and not the microphone that I had been observed using, and in fact that I may have made the mistake.

After a little roadside discussion, the presentation of the phones call log was provided.... last call made and received from phone had been 3 hours prior.

It was reluctantly accepted that I may have actually been using a hand-held microphone. But I needed to wait while it was confirmed that this practice of using a microphone was legal.

Five long minutes later, and after being breathalysed and asked lots of questions about my vehicle by his (actually) very interested partner, I was told I could continue my journey.

So I suppose we can use a microphone while driving...... but be prepared to share your call log to prove your innocence

Dunno, Scott: still sounds like it would be prudent not to do so in the Victorian Wild West; Wannon Gulch and environs, etc...

On a clearly related topic, anyone have any ideas on where best to install an IC-706MkIIG, with a remote head, on a 16-hand Arabian Mare? What's the favoured spot for the tranceiver body, in the mane?

73 & yee-haa,
Barry
VK3BJM/em

VK3BJM wrote:Dunno, Scott: still sounds like it would be prudent not to do so in the Victorian Wild West; Wannon Gulch and environs, etc...

On a clearly related topic, anyone have any ideas on where best to install an IC-706MkIIG, with a remote head, on a 16-hand Arabian Mare? What's the favoured spot for the tranceiver body, in the mane?

73 & yee-haa,
Barry
VK3BJM/em

Something like this comes to mind Barry




Probably NSFW to look at Google images for internal installation of said radio in a horse