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randandy7

Mobile phone payments ban at takeaway drive-throughs in Australia

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Posted · Original PosterOP

Source: https://www.abc.net.au/news/2019-08-06/laws-banning-mobile-payments-at-drive-thrus-provokes-motorist/11384228

 

" A Victoria Police social media post reiterating the illegalities of using a mobile phone to pay for an order in a drive-through restaurant has sparked a backlash online "

 

Australians are being fined up to " $484 and the loss of four demerit points" for using pay-wave on their phones at fast-food drive-throughs.

 

the backlash came after a facebook post from victoria police

 

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wait, that can't be right ._. like for phone wallet payments to be banned outright they actually have to specifically write "phone payments" into law. how does--

 

Quote

"If you intend to use your mobile phone to pay at the drive-through window, apply the hand brake, switch the engine off and then access your mobile phone," Victoria Police wrote in a social media post.

oh -_-

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as pedantic as it is (any cop fining for that is a tosser), it does highlight how technology is moving too fast for laws to keep up.  

 

 


QuicK and DirtY. Read the CoC it's like a guide on how not to be moron.  Also I don't have an issue with the VS series.

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4 minutes ago, mr moose said:

as pedantic as it is (any cop fining for that is a tosser), it does highlight how technology is moving too fast for laws to keep up.  

 

 

It doesn't help that fast food drive ways are counted as carriage ways by police. Even though they are private property.


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I don't know the details of the law, but if this were the UK, drive throughs would be on private land and the laws that apply to public highways probably would not be enforceable.

 

Edit:

1 minute ago, Dabombinable said:

It doesn't help that fast food drive ways are counted as carriage ways by police. Even though they are private property.


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Just now, porina said:

I don't know the details of the law, but if this were the UK, drive throughs would be on private land and the laws that apply to public highways probably would not be enforceable.

It's all in the interpretation of the laws by the police (or individual officers). I see where they're coming from, but they are still being ridiculous.


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Just now, Dabombinable said:

It doesn't help that fast food drive ways are counted as carriage ways by police. Even though they are private property.

It has always been like that,  In fact any property open to the public is considered public property for sake of law not just road laws. 


QuicK and DirtY. Read the CoC it's like a guide on how not to be moron.  Also I don't have an issue with the VS series.

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2 minutes ago, mr moose said:

It has always been like that,  In fact any property open to the public is considered public property for sake of law not just road laws. 

When the road is privately maintained, the car is stopped while the person is making the transaction, and there are far more distracting things going on (eg. Actually getting food through the window and turning around to put it aside), there still needs to be exceptions/exemptions.

Edit: AKA, they are just chasing that sweet fine revenue presently.


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2 minutes ago, Taf the Ghost said:

So, in Australia, you're legally required to turn the car off to use a phone's Mobile Pay system, but you can hand cash or credit card and it's fine?

Yes, it's the same in NZ too. It's illegal to use a mobile phone while driving, hence the "we consider a drive through a legal road so it's illegal" comes in. Stupid yes, but that isn't actually the intention of that law.

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2 minutes ago, leadeater said:

Yes, it's the same in NZ too. It's illegal to use a mobile phone while driving, hence the "we consider a drive through a legal road so it's illegal" comes in. Stupid yes, but that isn't actually the intention of that law.

If anyone gets caught for this, they could fight it. Of course, that would only be applicable if the law regarding where it happens is on their side, and legal advice should be taken.


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3 minutes ago, Dabombinable said:

When the road is privately maintained, the car is stopped while the person is making the transaction, and there are far more distracting things going on (eg. Actually getting food through the window and turning around to put it aside), there still needs to be exceptions/exemptions.

 

I'm not saying there shouldn't be an exception, they definitely need to update the law.  I am just pointing out that the law applies to privately owned and privately maintained roads where the public have open access to them.    It is not a new interpretation from the police force but actually defined as such in law.  This is why they can arrest you for having an open alcoholic beverage or disturbing the peace in a shopping center (which is privately owned).

 

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/soa1966189/s3.html

 

 


QuicK and DirtY. Read the CoC it's like a guide on how not to be moron.  Also I don't have an issue with the VS series.

Sometimes I miss contractions like n't on the end of words like wouldn't, couldn't and shouldn't.    Please don't be a dick,  make allowances when reading my posts.

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3 minutes ago, porina said:

If anyone gets caught for this, they could fight it. Of course, that would only be applicable if the law regarding where it happens is on their side, and legal advice should be taken.

Any officer who actually issues an infringement for it, without a bloody good reason, is a giant prick. So much so they should receive an award for it and go on morning TV tour to publicise their achievement.  

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1 minute ago, leadeater said:

Any officer who actually issues an infringement for it, without a bloody good reason, is a giant prick. So much so they should receive an award for it and go on morning TV tour to publicise their achievement.  

 

I am wondering if the police didn't raise the issue because technology needs addressing in law in general and this is the best example to get the public thinking/talking.  Because asking our politicians to do something that isn't self serving is kinda pointless.

 

 


QuicK and DirtY. Read the CoC it's like a guide on how not to be moron.  Also I don't have an issue with the VS series.

Sometimes I miss contractions like n't on the end of words like wouldn't, couldn't and shouldn't.    Please don't be a dick,  make allowances when reading my posts.

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That's just straight up ass fuckery. If they are this pedantic to bitch about mobile phone usage in a god damn car (while standing next to a drive through window at the restaurant?!?!?!?!), I guess it's ok then to have a full on lunch while driving. Coz nothing in the law states anywhere that you can't have a 5 course launch while driving. Aussies, go home, you're all drunk.

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It's surely practically unenforcable. They're probably re-iterating it so that most people that do abide by most of the law take it as an extra safety step.

Driving whilst using a mobile is a bit of an epidemic at the moment, this is probably just to try and get the figures down a bit. Some people will see this, realise that the laws are a bit stricter than they thought and might think twice more often.

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Hold on, people actually use drive throughs? Do people not realise they always give you less food than if you actually went in and picked it up!

 

As for the drive through being classified as a road, that law is probably only there to give the police authority on privately owned toll roads and they're just stretching the meaning for that sweet $484 fine!


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17 minutes ago, SADS said:

It's surely practically unenforcable. They're probably re-iterating it so that most people that do abide by most of the law take it as an extra safety step.

Driving whilst using a mobile is a bit of an epidemic at the moment, this is probably just to try and get the figures down a bit. Some people will see this, realise that the laws are a bit stricter than they thought and might think twice more often.

You will see cops at maccas drive through in coming month.


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12 minutes ago, desertcomputer said:

You will see cops at maccas drive through in coming month.

And you'll see an increase in the amount of Big Macs that are being expensed!


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Badly worded law is used by crooked cops to fuck over people who are obviously not actively driving or even talking on the phone, they are using it to pay, the same they would with a card... Why am I not surprised anyone would enforce this.


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1 hour ago, leadeater said:

So is buying an old car with a corded phone legal then? It's not a 'mobile phone', the car is mobile.

 

IMG_9034.JPG

I had one of those.

 

44 minutes ago, yolosnail said:

 

 

As for the drive through being classified as a road, that law is probably only there to give the police authority on privately owned toll roads and they're just stretching the meaning for that sweet $484 fine!

Nope, that law has been in effect since 1966 to ensure that people in all public spaces are properly protected by the law. Also in Australia toll roads are not private owned.

 

3 minutes ago, TetraSky said:

Badly worded law is used by crooked cops to fuck over people who are obviously not actively driving or even talking on the phone, they are using it to pay, the same they would with a card... Why am I not surprised anyone would enforce this.

It doesn't appear that they are enforcing it. So far it seems to be a PSA because they can enforce it not are enforcing it.  Also it's not badly worded, it's just obsolete because it was written when mobile payments were not a thing. 


QuicK and DirtY. Read the CoC it's like a guide on how not to be moron.  Also I don't have an issue with the VS series.

Sometimes I miss contractions like n't on the end of words like wouldn't, couldn't and shouldn't.    Please don't be a dick,  make allowances when reading my posts.

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