The Ubiquitous Mobile Phone !

There is absolutely no doubt that using a mobile phone while driving a car contributes to crash risk and because of that it is unlawful.  We have just had a test where two cameras in Sydney photographed the traffic stream passing below with sufficient clarity to recognise individual drivers illegally using a mobile phone while driving.

During the test period, no court action followed and the driver simply received a warning in the mail but camera use to detect this driving offence is about to impose both a fine and loss of demerit points for offenders.

Until now, most drivers ignored the restriction because of the low risk of getting caught, but if this " guilt by photograph " becomes law that will change.  During the test period 8.5 million drivers were photographed and a hundred thousand were illegally using a mobile phone while driving.  This contrasts with the conviction figures issued by the police last year, when just 37,500 penalty notices were served.

The parliamentary committee overseeing this issue heard that about three percent of " mobile phone use " cases are challenged in court.  Usually the defence is that the object believed to be a mobile phone was something else and if this camera surveillance becomes law there is likely to be  a " reversal of proof " to convict drivers of holding a phone in their hand.

The sticking point is likely to be a draconian points loss which will double in times of holiday weekends.   If drivers suffer license cancellation we may be inflicting an increase of those driving with a cancelled license because car use has become an essential for most people and the numbers challenging that conviction in court may increase sharply.

If this offence becomes law there is the probability that the courts may be overwhelmed.  During the camera test it was found that 1.8% of drivers photographed were illegally using a mobile phone and that test was conducted with just two cameras.   If testing moves to all cameras that infringement number could move to 2,480,000 convictions.   If that three percent court challenge holds up it would represent 72,900 court appearances and cases would face a hearing delay of years.

Perhaps road safety would be better served by a different type of law change.  A requirement that mobile phones be subjected to electrical interference within cars to be unusable.  To make or receive a call, the car would need to pull over and the engine be switched off.  Unfortunately, that remedy would apply to all occupants and not just the driver but it would certainly equate phone use to call urgency.

What we are seeing now with phone use by car drivers is a massive case of wilful civil disobedience. Like all legislation designed to curb illegality we need to be careful in what we wish for  !