Legal to use phone camera while driving?

[TS7]

I'm currently watching daytime TV 'Dom on the Spot' where he sits in a car with undercover police pulling offenders over.

They just pulled over a van driver who had his phone in his hand while driving. By the time the police got out the car to his van he had deleted his call history and stated he was only using his phone camera. The police lady said there's nothing she can do about it and that was that.

1. I thought they could get all call history from his mobile provider
2. I thought it was an offence to have a phone in your hand while driving (although not one which is stringently upheld as most YouTube vloggers often use their phone to video while driving) but this chap in the van admitted to it.

 

[wedrum]

1. I thought they could get all call history from his mobile provider

not really worth the police time

 

[Nasher]

You can get done for doing anything on a phone while driving afaik.

 

[peterwalkley]

Phone in hand doesn't mean he was making a call - could be reading texts, looking at a sat nav app etc.

The effort involved to prosecute everyone isn't worth it - police are mostly interested in education and the deterrent effect.

 

[TS7]

not really worth the police time

I somewhat understand that given the constraints the police are under. However it is a pretty silly precedent to set / showcase on BBC1 to million odd people that all you have to do to get away with using your phone is quickly delete your call history. Also considering the fact they're increasing the penalty points to 6 for using phone, they have to treat it more seriously, surely.

 

[Clarkey]

Yeah I was pretty certain it's illegal to use a handheld device for anything whatsoever while driving. Just yesterday on that show they booked a guy for using nav on his phone while driving.

 

[Akagi]

I thought it was illegal to use your phone for absolutely anything when driving... The most I'd ever do is adjust the satnav while its mounted to the dash, or snap a picture of some incredibly special car while stuck in stationary traffic.

And I'm very wary about doing either of those things!

 

[TallPaul_S]

They should have given him a ticket, it's 'any hand held device' doesn't matter if you're playing angry birds, taking a photo, texting, watching eastenders or using it as an actual phone.

Phone in hand? 3 points, £100, soon to be £6 points £200. And we wonder why people use them blatantly all the time when even the police don't punish someone for it...

Police lady needs more training methinks.

Can of worms, but if people could submit video evidence of phone users for a small reward (£5 would be worth it) I bet the number would reduce. I can guarantee I'll see at least 4-5 people on my morning commute that I filter past on their phones.

 

[Lethal`]

http://www.getsurrey.co.uk/news/surrey-news/furious-motorists-mocking-rant-beautiful-11918192

It's fine if it's a "gopro" filming in portrait mode


Surely if they don't want to go the using a handheld device route they could just use driving without due care and attention or careless driving?

 

[Akagi]

The amount of people I've seen either blatantly holding their phone to their head on a call, or very obviously looking down at their lap every couple of seconds (even when looking at the driver behind me in the mirror!) is utterly ridiculous and I get annoyed every single time I see it... If I had a dashcam I'd seriously consider reporting all of them!

 

[Nasher]

Yea I've caught plenty on dashcam so I'm in favour of a reward. They are making £100 from the fine so I'm sure they can afford to shell out a small bounty to me

The biggest culprits seem to be mums on the school run, or van drivers.

 

[Akagi]

The biggest culprits seem to be mums on the school run

Very irresponsible and stupid. They need a slap.

 

[Burnsy2023]

The police lady said there's nothing she can do about it and that was that.

I'm sure it was heavily edited, but whilst using a mobile phone whilst driving wouldn't be applicable, driving without due care and attention or driving without proper control would be offences that could be considered. Chances are one of them would be applicable.

Yeah I was pretty certain it's illegal to use a handheld device for anything whatsoever while driving. Just yesterday on that show they booked a guy for using nav on his phone while driving.

Depends on the offence. Driving whilst using a mobile phone requires "an interactive communication function".

(c) interactive communication function includes the following -

(i) sending or receiving oral or written messages;
(ii) sending or receiving facsimile documents;
(iii) sending or receiving still or moving images; and
(iv) providing access to the internet;

Where the driver insists that he / she was merely listening, reading, watching, checking for a phone number, speaking, looking at pictures, checking out music or for any other similar function of the phone - then consideration should be given to other offences, typically no proper control or due care/reasonable consideration.

 

[TS7]

provided that it can be operated without holding it. Pushing buttons on a phone while it is in a cradle or on the steering wheel or handlebars of a motorbike for example is not prohibited by this offence, provided you do not hold the phone. But again, should an accident occur, you can still be subject to prosecution.

http://www.motorlawyers.co.uk/offences/mobile_phone.php

This is unrelated to what I made the thread about but it's new information to me. So as long as you're not holding it you're free to use it...

 

[Burnsy2023]

Police lady needs more training methinks.

Or armchair legal expert needs to read the law?

 

[TS7]

I'm sure it was heavily edited, but whilst using a mobile phone whilst driving wouldn't be applicable, driving without due care and attention or driving without proper control would be offences that could be considered. Chances are one of them would be applicable.



Depends on the offence. Driving whilst using a mobile phone requires "an interactive communication function".

Thanks for that information. So based on that, wouldn't you be better off just admitting to using your phone as the offence of driving without due care and attention are more serious and have more significant insurance premium implications? (From what I've read anyway).

 

[Akagi]

Or armchair legal expert needs to read the law?

So it is perfeclty legal for me to tap the re-route button on my phone if it is on a navigation app, mounted on the dashboard?

What about taking a photo in stationary traffic with handbrake up and hands/feet off of controls? (Not that I make a habit of doing this, just curious...)

 

[TallPaul_S]

Or armchair legal expert needs to read the law?

So playing angry birds on your phone while driving doesn't come under 'using a mobile phone while driving' but 'receiving a fax' does...?

God help us.

 

[tom_e]

I think the point is unless it's being used for communications then it's not covered under the mobile phone while driving part of the law but if you're all over the road or staring at your lap because you're playing angry birds then it would/could come under dangerous driving or driving without due care, so it's not like it's just ignored as not being an offence.
As with most things it's down to the discretion of the officer rather than the law itself.

 

[Burnsy2023]

So playing angry birds on your phone while driving doesn't come under 'using a mobile phone while driving' but 'receiving a fax' does...?

God help us.

Which is why I said that it'd come under different offences. Driving without due care would be the likely candidate if you're distracted, not in proper control if it's stopping you from steering/changing gear etc.