Cops above the law?

[Phil Megroin]

Driving on my way to bball yesterday, was waiting in the right hand turn lane when a cop turns into the street i was on. They drive past and i glance in to see the driver holding a mobile phone to her ear while driving. Meanwhile her partner draws a blind eye to the situation.

Correct me if i'm wrong... but isnt that illegal?

Just wondering if you's have had any experiences with cops getting away with illegal activity..

Also remember seeing a cop car double parked as well one time..

[Bass Junky]

I see Police on their Mobile phones all the time.

[browny]

In certain situations Police are allowed to break the normal road rules.

So yes, using a mobile phone whilst driving is something that a Police Officer can do.

By asking this question you are going to attract a host of bush lawyers that will spout forth all sort of rubbish arguments about what they have seen cops do and that they can only do things if their lights are on and wearing reflective vests blah blah blah.

[wishaw]

Personally i think the cops should be setting a good example. I have been told by a QT employee that they have faild a kid going for his learners after his dad (a cop) taught him everything he knew. The cop then argued with the QT employee. So really the cops are no better then us.

I don't see why they should be above the law. I know that they think they are and that everybody with a nice car is on the way to do some illegal street racing but somethimes the cops are wrong and i wish we could point it out.

[browny]

Australian Road Rules

Part 19 Exemptions

305 Exemption for drivers of police vehicles

(1) A provision of the Australian Road Rules does not apply to the driver of a police vehicle if:

(a) in the circumstances:

(i) the driver is taking reasonable care; and

(ii) it is reasonable that the provision should not apply;

and

(B) if the vehicle is a motor vehicle that is moving — the vehicle is displaying a blue or red flashing light or sounding an alarm.

Note Motor vehicle and police vehicle are defined in the dictionary.

(2) Subrule (1) (B) does not apply to the driver if, in the circumstances, it is reasonable:

(a) not to display the light or sound the alarm; or

(B) for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.

There you go, the exact ruling. Basically they can do what they like if the driver is taking care and the action is deemed "reasonable".

[Topaz]

I do the same speed as cops on the freeway....110k's most time I see them

[browny]

I don't see why they should be above the law.

They aren't. The laws just recognises that in certain situations it may be reasonable for an officer to break certain rules in carrying out their duty effectively.

I bet that most people here wouldn't care if the Police broke a few laws if they were in need of help.

[TracidTrax]

In certain situations Police are allowed to break the normal road rules. 

So yes, using a mobile phone whilst driving is something that a Police Officer can do.

no they arent under any circumstances, the cop car should be fitted with a car kit so u can simply talk and hear them on loudspeaker

Ive seen 2 cop cars stop in the middle of a road taking up 2 lanes just talking and laughing with their sirens on. I very much doubt they were talking about an emergency matter. Another time they went through an intersection to get to dandy police station when there was a sign saying u can only make a left turn. Another time my friend was walking to dandy cop station while a pigger turn into the driveway without indicating and cuts my friend off, my friend then goes up to them and tells them u didnt indicate, the pigger says "**** off"

Most piggers r bludgers and abuse their power!

[someonestolecc]

Cops speeding, not indicating and parking illegally see it often enough to remember it but not the majority of the time. Just like me but mostly it's not stupid hooning or anything I would really pay attention to.

But then again I think 70kmh in a 60kmh at your discretion is ok so long as your discretion itself is ok. So if I see a copper doing this I don't mind, I would just get the shits if the same copper booked me for 70kmh in a 60 in the same place/conditions.

Once I saw a copper hooning that pissed me off.. He looked at me like p platers sometimes do the "LOOKOUT I HAVE A LICENSE AND IM HARD AND I CAN USE IT" look.

[browny]

no they arent under any circumstances, the cop car should be fitted with a car kit so u can simply talk and hear them on loudspeaker

Is that your opinion or is your statement based on some sort of fact?

Please explain your statement using Part 19 Section 305 of the Australian Road Rules as a reference.

Ive seen 2 cop cars stop in the middle of a road taking up 2 lanes just talking and laughing with their sirens on. I very much doubt they were talking about an emergency matter. Another time they went through an intersection to get to dandy police station when there was a sign saying u can only make a left turn. Another time my friend was walking to dandy cop station while a pigger turn into the driveway without indicating and cuts my friend off, my friend then goes up to them and tells them u didnt indicate, the pigger says "**** off"

Most piggers r bludgers and abuse their power!

Based on those comments I expect we will get a really intelligent discussion coming from your end.

[TracidTrax]

the cops must obide by the rules same as everyone else, if a cop runs a kid over because he/she was using mobile and not paying attention they get away with it?

[browny]

the cops must obide by the rules same as everyone else

No they don't, read the fricking road rules that I posted!!!!!

if a cop runs a kid over because he/she was using mobile and not paying attention they get away with it?

The poor judgement of an individual officer has got nothing to do with whether or not Police Officers as a group are allowed the power to act outside of the road rules.

In this hypothetical situation I would suggest the officer in question would be displined accordingly, as they have not taken reasonable care to prevent harm to others. You may rightly question the severity of the punishment that is handed out, but I cannot see how this is at all is relevant to this discussion of police powers. It's a separate issue.

[wishaw]

I think we can all agree that they abuse their powers. They might be able to get away with somethings as browny pointed out but they shouldn't. If murder was leagal does that make it ok to kill someone? No. If we obay htey rules so should they. They are not above us they simply do a differnt job.

[browny]

I think we can all agree that they abuse their powers. They might be able to get away with somethings as browny pointed out but they shouldn't.[/

I don't agree. You are making a sweeping generalisation of the behaviour of Police based on nothing else other than a handful of observations and second hand internet ramblings. Maybe there were legitimate reasons why the Police acted in the manner they did? You simply don't know enough about the situation to make this call.

By using these powers for legitimate reasons they aren't "getting away" with anything. You can't "get away" with something you are allowed to do.

If we obay htey rules so should they.

Exactly why do you think this? Can you not see that there are certain situations where a Police Officer needs to break road rules so they can effectively carry out their job?

[slow13dude]

I think we can all agree that they abuse their powers. They might be able to get away with somethings as browny pointed out but they shouldn't. If murder was leagal does that make it ok to kill someone? No. If we obay htey rules so should they. They are not above us they simply do a differnt job.

There are circumstances where police and certainly emergency (fire, ambulance etc) vehicles can "break" the road rules.

In the case of the emergency vehicles, running red lights and weaving between traffic is necessary to save lives by avoiding delays.

Cops will need to "speed" and weave through traffic to chase criminals. They are not going to say "oh well, the limit is 60km but the bank robber is getting away at 90km so we can't get him".

Of course there are cases when cops break the rules without justification.

[Bass Junky]

So for a normal citizen to be talking on a mobile phone whilst they are driving, an offence which carries a fine and demirit points, which has been drilled into us that it's a killer and dangerous is okay if the officer deems it okay.

How can he deem it okay if they can fine us for the same thing if we deem it okay.

Double standards regardless of the law.

Same with speedinig without party lights. Speed Kills. Why should it be any different for a Police officer who obviously isn't driving to an emergency.

Double Standards.

BASS OUT

[scathing]

Pretty much everyone abuses whatever power they have.

Whether you're a burger flipper at Burger King, and you're dropping an extra couple of slices of cheese on your Whopper, or one of the I.T. nerds whose hard drives don't get audited for MP3s like everyone else in the company, we're all human and we're all looking for a "bargain".

I'm not saying its acceptable, especially from those who are meant to uphold the rules. All I'm saying is that its understandable.

[browny]

Bass

So you find it ethically offensive that Police are allowed to break laws, even if given good reason to do so?

Certainly an interesting viewpoint.

I find it ethically offensive if Police abuse their powers but I also think it is perfectly reasonable that they should be allowed to act outside of the laws if due cause requires.

[Bass Junky]

Browny.

I agree that they should be able to work outside the law if the need arrises, but does this mean taking the lives of others in their hands whilst doing so?

Speed Kills. Why should they risk MY LIFE and the life of MY SON and the life of MY FIANCE for speeding during normal driving? They tell me that's what I'm doing if I SPEED.

Same with a mobile phone. They say you are concentrating on the road less if you are on the phone. Why should they be allowed to risk our lives again in such a manner.....

Food for thought.

[blind_elk]

I think the point that needs to be made is that in the general course of events, ie everyday driving, police should be setting the standard and driving within the commonly accepted realm of the rules of the road. I would expect that the situation outlined in the original post might be a case of where it was not "reasonable" to be in breach of the road rules (but I don't know all the circumstances, although I would have expected that the "passenger" could have taken the call).

I don't have a problem with them bending / breaking road rules when there is a genuine emergency situation that requires them to do so.