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SMS death driver gets her licence back

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Australia and New Zealand
Published
28 December 2005
Last activity
3 January 2006
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cfsmtb
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  1. SMS death driver gets her licence back
    http://www.theage.com.au/news/national/sms-death-driver-gets-her-licence-back/2005/12/28/1135732642214.html

    By Stephen Moynihan. December 29, 2005

    Anthony Marsh: was in bike lane. Photo: Shannon Morris

    IT WILL be four years tomorrow since dentist Silvia Ciach sent a text message to a friend and killed cyclist Anthony Marsh.

    She was driving along the Geelong-Portarlington Road when she hit Mr Marsh, 36, of Ocean Grove, as he rode in the bike lane. Yesterday, Ms Ciach appeared in the Melbourne Magistrates Court to apply for her licence to be restored.

    On November 10, 2003, Ms Ciach pleaded guilty to one count of culpable driving and was sentenced to three years' jail, suspended for two years. County Court Judge Susan Cohen also ordered Ms Ciach's licence be cancelled for two years.

    Ms Ciach told magistrate Richard Wright the accident taught her many things, including how stupid it was to use her mobile while driving. Mr Wright said that he too was a cyclist and hoped that such an incident would never happen again, as he granted her application.

    Yesterday, Anthony's father, Ted Marsh, told The Age he wished Ms Ciach "good luck" and said, "we've all got to get on with life. I really think she should be left alone."

    Mr Marsh said he and his wife, Susan, had argued for Ms Ciach not to be jailed, adding she had served her sentence.

    The couple have been campaigning for tougher penalties for drivers caught using mobile phones and Mr Marsh has made submissions to the State Parliament road safety committee.

    Mr Marsh said the Government had stalled on its proposal to review penalties for mobile phone use while driving. He said 25,000 motorists had been booked this year and penalties were grossly inadequate. Police revealed 14,884 mobile phone offences were recorded in the six months to June 30, compared with 21,748 in 2004. The penalty of three demerit points was introduced in Victoria in 2002, and the fine increased to $141 last year. VicRoads is expected to review penalties and advise the Government next year.

    "Phone use while driving has disturbingly now become a part of our culture and one hopes that it would be treated as the serious and stupid action that it is," Mr Marsh said.

  2. Quoted message said:
    Quoted message said:
    Quoted message said:

    >> "cfsmtb" == cfsmtb <[email hidden]> writes:

    cfsmtb> SMS death driver gets her licence back
    cfsmtb> http://tinyurl.com/d5pyn

    cfsmtb> By Stephen Moynihan. December 29, 2005

    <snip>

    cfsmtb> "Phone use while driving has disturbingly now become a part
    cfsmtb> of our culture and one hopes that it would be treated as the
    cfsmtb> serious and stupid action that it is," Mr Marsh said.

    This last bit is so true. One of the things my colleagues have been
    crying out for is a hands free kit for their private cars. I've given
    up pointing out to them the dangers associated with mobile 'phone use
    while driving. It's legal, the company to a certain extent encourages
    it and all this from an emergency services organisation.
    --
    Cheers | ~~ __@
    Euan | ~~ _-\<,
    Melbourne, Australia | ~ (*)/ (*)

  3. --
    Frank
    [email hidden]
    Drop DACKS to reply
    "Euan" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:
    Quoted message said:
    Quoted message said:

    >>> "cfsmtb" == cfsmtb <[email hidden]>


    Quoted message said:


    cfsmtb> SMS death driver gets her licence back
    cfsmtb> http://tinyurl.com/d5pyn

    cfsmtb> By Stephen Moynihan. December 29, 2005

    <snip>

    cfsmtb> "Phone use while driving has disturbingly now become a part
    cfsmtb> of our culture and one hopes that it would be treated as the
    cfsmtb> serious and stupid action that it is," Mr Marsh said.

    This last bit is so true. One of the things my colleagues have been
    crying out for is a hands free kit for their private cars. I've given
    up pointing out to them the dangers associated with mobile 'phone use
    while driving. It's legal, the company to a certain extent encourages
    it and all this from an emergency services organisation.
    --
    Cheers | ~~ __@
    Euan | ~~ _-\<,
    Melbourne, Australia | ~ (*)/ (*)

    I think a hands free kit is the lesser of two evils. I (and, no doubt, most
    people - ask around) know many people who will compose and send a text while
    driving, holding the phone low so as not to be caught using the phone while
    driving. That means their eyes are off the road for a lot of the time. I
    read an article sometime ago that claimed around 45% (from memory) of the
    time a texter's eyes are on the phone, not on the road.

    People compose and send a text instead of talking because they can hide the
    phone. At least a hands-free kit enables people's eyes to stay on the road.
    Having had a hands-free, I'd rate it as no more distracting than having a
    conversation with a passenger while driving. Not ideal, but a helluva lot
    better than someone looking at their lap to send a text!

    Cheers,

    Frank

  4. Plodder said:


    At least a hands-free kit enables people's eyes to stay on the road.
    Having had a hands-free, I'd rate it as no more distracting than having a
    conversation with a passenger while driving. Not ideal, but a helluva lot
    better than someone looking at their lap to send a text!

    Cheers,

    Frank

    It would seem, sadly, another common misconception that handsfree units 'fix' the situation

    bv.com.auinform.php

    "The use of currently available hands-free devices does not seem to reduce the risk"

    this was also the conclusion in a recent Oz study that i cant find instantly...

  5. Plodder (removeDAKStoreply) said:


    I think a hands free kit is the lesser of two evils. I (and, no doubt, most
    people - ask around) know many people who will compose and send a text while
    driving, holding the phone low so as not to be caught using the phone while
    driving. That means their eyes are off the road for a lot of the time. I
    read an article sometime ago that claimed around 45% (from memory) of the
    time a texter's eyes are on the phone, not on the road.

    People compose and send a text instead of talking because they can hide the
    phone. At least a hands-free kit enables people's eyes to stay on the road.
    Having had a hands-free, I'd rate it as no more distracting than having a
    conversation with a passenger while driving. Not ideal, but a helluva lot
    better than someone looking at their lap to send a text!

    Cheers,

    Frank

    I was sitting on the footpath beside a broken-down Kombi in Fortitude
    Valley one Friday evening, waiting patiently for the RACQ to arrive. I
    had the tailgate open, the engine compartment open and the hazard lights
    flashing.

    A driver pulled up behind the Kombi, talking on a mobile. This was prior
    to the law that banned non-handsfree phone use. She sat there for about
    two minutes waiting for me to proceed while chatting and staring at my
    car. Finally I had to walk over to the car and tell her that I wasn't
    going anywhere.

    "Oh, sorry, I hadn't noticed" she says.

    Obviously the mind is not focused on driving while using a mobile,
    regardless of whether it is hands free or not.

    Peter

    --
    Peter McCallum
    Mackay Qld AUSTRALIA

  6. Euan said:

    This last bit is so true. One of the things my colleagues have been
    crying out for is a hands free kit for their private cars. I've given
    up pointing out to them the dangers associated with mobile 'phone use
    while driving. It's legal, the company to a certain extent encourages
    it and all this from an emergency services organisation.

    Yeah ... mobile use, with or without a hands free kit, is as serious a
    risk as drink driving.

    On the subject of texting: I have, at times, sent text messages from the
    driver's seat ... whilst stopped at the lights. Any other time? Nuh uh.

    Easiest approach would be to make all new cars Faraday cages. Try
    talking or texting *then*!

    --
    My Usenet From: address now expires after two weeks. If you email me, and
    the mail bounces, try changing the bit before the "@ to usenet".

  7. I am aware of a major company that has a strict policy regarding use of mobile phones by their employees while driving - so strict in fact that it bans the use of hands free kits. I have been on road trips with employees from that company - they take the policy seriosuly and turn their mobile phones off when driving. The company in question was Caltex.

    What about a campaign to "shame" or encourage other public companies into adopting a similar policy. Target the biggies with huge moblie workforces like Telstra etc

  8. Plodder said:


    I think a hands free kit is the lesser of two evils.

    <snip>

    Quoted message said:

    Having had a hands-free, I'd rate it as no more distracting than having a
    conversation with a passenger while driving. Not ideal, but a helluva lot
    better than someone looking at their lap to send a text!

    Agree with the last part of your statement, but a number of studies over the
    past few years have assessed the use of mobile phones with a hands free kit
    as being comparable to driving with a .05 blood alcohol level. So I
    personally think that any use of mobile phones by the driver of a vehicle
    should be outlawed. Really disturbing when your 'professional' coach captain
    starts tapping into his mobile for a chat with the office.

    Cheers
    Peter

  9. monsterman said:

    I am aware of a major company that has a strict policy regarding use
    of mobile phones by their employees while driving - so strict in fact
    that it bans the use of hands free kits. I have been on road trips
    with employees from that company - they take the policy seriosuly and
    turn their mobile phones off when driving. The company in question
    was Caltex.

    I saw a police officer in a marked car answer his nonH-F mobile whilst
    waiting to turn right across busy traffic. His partner was sitting in the
    passenger seat. I never make a call from the car even though I have a H-F
    kit. I do answer calls but that doesn't require me to touch or look at the
    phone. The phone asks me if I want to take this call. If I respond yes, it
    connects me.

    Theo

  10. So I
    personally think that any use of mobile phones by the driver of a vehicle
    should be outlawed.
    Cheers
    Peter[/QUOTE]

    Agree with this whole heartedly.

    I am probably about to offend someone here but here goes anyway.

    Given that most car trips would be relatively short, I cant think of any reason that is "so" important that you just cant wait to send an sms or take a call whilst driving. And before anyone starts quoting things like " what if someone is sick and needs help". I would say to you ...well what did people do prior to the mobile phone then?

    And if they are sick/in trouble they are still going to be this way when you talk to them on the phone in the car. If they are that bad then they should be on the phone to the ambulance/emergency service and not you.

    I dont care if people are long distance driving.. pull over and stop.
    I dont care if you dont sms in the car very often.
    I dont care that you sit in a car all day for work. Excuses .. all of them...

    I have lost count of the amount of times that motorists have veered in and out of bike lines in melbourne whilst yapping into their phones totally oblivious to the near misses that they cause.

    The first post here is testament to the mentality that phones and cars dont mix. Its a dangerous pastime and it should be banned. It only takes one sms/call to kill someone and its far too late for apologies once its happened.

    Imagine how any one of us would feel if you found out that you lost a loved one because someone just couldnt wait until they had stopped the car to talk to someone about something that is most likely, not really that important.

    I'll just be off for my flak jacket now.

  11. coowoowoo said:


    I dont care if people are long distance driving.. pull over and stop.
    I dont care if you dont sms in the car very often.
    I dont care that you sit in a car all day for work. Excuses .. all of them...

    I have lost count of the amount of times that motorists have veered in and out of bike lines in melbourne whilst yapping into their phones totally oblivious to the near misses that they cause.

    I left a job partially due to management being totally oblivious to their dangerous work practices. In car mobile use was regarded as a joke. Unfortunately I realised I couldn't do sweet FA about it. But self disgust, on my behalf, overrode any employee loyality or pay packet. Some [censored] you simply can't live with.

  12. No arguements from me.

    Number of car drivers in AUST - HIGH
    Number of mobile phone users - HIGH
    Liklihood these two devices will be used at the same time - HIGH
    Possible consequences - CRITICAL
    All of the above with young drivers (high risk of crashes and can't go anywhere without a mobile phone) - ASTONISHINGLY HIGH

    I don't consider my self a nazi on many things, but this is one. More enforcement in tandem with safety promotion is what is required.

    Also, I am not convinced by the number of fines reported. Anyone on the road for a short time every day knows the use of mobile phones while driving is rampant. The 21,000 fines reported could be double and still have room for improvement.

    Dee Dub.

  13. Dee Dub said:

    The 21,000 fines reported could be double
    and still have room for improvement.

    Double? I think you misspelt "an order of magnitude higher".

    --
    My Usenet From: address now expires after two weeks. If you email me, and
    the mail bounces, try changing the bit before the "@ to usenet".

  14. cfsmtb said:

    I left a job partially due to management being totally oblivious to their dangerous work practices. In car mobile use was regarded as a joke. Unfortunately I realised I couldn't do sweet FA about it. But self disgust, on my behalf, overrode any employee loyality or pay packet. Some [censored] you simply can't live with.

    Good for you....I have just had a trawl through our intranet to see if we had a policy on mobile phone use whilst driving. We have lots of safety inspectors out and about so you would think we would have something... wrong.. nothing to be seen.
    One day an employee will have a mva either due to or whilst talking on the phone and they will sue their employer for failing to provide safe instruction on mobile usage whilst in the car. A labour law firm will pick up the case, win and then there "may" be some change in attitude.
    Or call me cynical, but maybe nothing will change until some high profile celebrity loses a loved one due to mobile phone/car use.

  15. Quoted message said:
    Quoted message said:
    Quoted message said:

    >> "Theo" == Theo Bekkers <[email hidden]> writes:

    Theo> I saw a police officer in a marked car answer his nonH-F
    Theo> mobile whilst waiting to turn right across busy traffic. His
    Theo> partner was sitting in the passenger seat. I never make a call
    Theo> from the car even though I have a H-F kit. I do answer calls
    Theo> but that doesn't require me to touch or look at the phone. The
    Theo> phone asks me if I want to take this call. If I respond yes,
    Theo> it connects me.

    Members of the emergency services are legally permitted to use mobile
    'phones because of their training.

    The theory is that as emergency services personnel are trained in the
    use of radio whilst driving, using a mobile 'phone is little different.
    I'm not saying I agree, just saying that the officer wasn't breaking the
    law.
    --
    Cheers | ~~ __@
    Euan | ~~ _-\<,
    Melbourne, Australia | ~ (*)/ (*)

  16. Euan said:

    The theory is that as emergency services personnel are trained in the
    use of radio whilst driving, using a mobile 'phone is little different.
    I'm not saying I agree, just saying that the officer wasn't breaking the
    law.

    Does this theory apply to taxi drivers, couriers, tow truck drivers,
    truckies and others who've attained proficiency in 2-way use?

    Cheers
    David M

  17. coowoowoo said:

    And before anyone starts quoting things like
    " what if someone is sick and needs help".

    I told my kids not to phone me on my mobile unless there was an
    emergency. I'm riding home carrying a bottle of milk and a newspaper
    when the phone rings. In my attempt to stop prior to answering the phone
    I managed to overbalance and land on the bitumen, sraping my knee and
    palm and smashing my light.

    It turns out that they'd found a sick bird.

    --
    Peter McCallum
    Mackay Qld AUSTRALIA

  18. David M said:
    Euan said:

    The theory is that as emergency services personnel are trained in the
    use of radio whilst driving, using a mobile 'phone is little different.
    I'm not saying I agree, just saying that the officer wasn't breaking the
    law.

    Does this theory apply to taxi drivers, couriers, tow truck drivers,
    truckies and others who've attained proficiency in 2-way use?

    I don't know, but seeing as it's legal to use a 2-way while driving, can
    I use my Push-to-Talk™ mobile phone while I drive?

    --
    BrettS

  19. Peter McCallum said:
    coowoowoo said:

    And before anyone starts quoting things like
    " what if someone is sick and needs help".

    I told my kids not to phone me on my mobile unless there was an
    emergency. I'm riding home carrying a bottle of milk and a newspaper
    when the phone rings. In my attempt to stop prior to answering the phone
    I managed to overbalance and land on the bitumen, sraping my knee and
    palm and smashing my light.

    It turns out that they'd found a sick bird.

    What did they do with the bird? Hope it didn't have a flu!

    Marty

  20. Euan said:

    Members of the emergency services are legally permitted to use mobile
    'phones because of their training.

    The theory is that as emergency services personnel are trained in the
    use of radio whilst driving, using a mobile 'phone is little
    different. I'm not saying I agree, just saying that the officer
    wasn't breaking the law.

    So, as a member of the local vol fire brigade with lots of experience and
    training, can I use that excuse to use a handheld phone in my own car, or do
    I have to be wearing my yellow overalls? :-)

    Theo

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