6 points & £200 fine for phone while driving going live today

elrasho said:
I have my phone connected via BT and stream from Deezer. If I press the track froward button on my steering wheel whilst driving am I breaking the law? Even though my eyes are on the road.
Click to expand...

Literally the post before yours.. and mine further up clear this up.. obviously that's not the case and even if it were how on earth could it be policed? This is literally aimed at people with phones in their hands.. problem is that needs legally and specifically wording which is why you end up with a bit of word soup but the intention is clear.
 
I must say something that amuses me that I'd love to see cracked down on are the chumps who think talking into a phone held upside down like a mic is fine.. why would you think that?

Although being quite closely connected the the phone world I personally want to deck the people who walk around using a phone on speaker.. what's wrong with using it like it was designed.. like.. next to your head?
 
matt100 said:
There's another further up and we're only on page 1.. "90% of this is women" and then another about hair and mekkup and then the one about hags.

Just saying.. men are just as capable of driving like idiots and where I will say my anecdotal observations would suggest that the fairer sex might be slightly more interested in their phones it's most definitely the chaps who end up driving like total lunatics regardless of whether they're on the phone or not. Presumably less time on the phone means more time for practicing your slipstreaming before the blind corner overtake.
Click to expand...

The discussion was driving with the phone in the hand. 90% of the time I see it's women. If we were discussing other forms of bad driving then yes I am tailgated by men 99% of the time but we weren't so...

My personal fav when driving through my village was a woman trying to join the main road with a phone in one hand a piece of toast in the other. If I'd have had more wits about me that morning I'd have stopped my car in front of her and given her a slow hand clap.
 
matt100 said:
I must say something that amuses me that I'd love to see cracked down on are the chumps who think talking into a phone held upside down like a mic is fine.. why would you think that?

Although being quite closely connected the the phone world I personally want to deck the people who walk around using a phone on speaker.. what's wrong with using it like it was designed.. like.. next to your head?
Click to expand...

Do these people you want to deck include women?
 
Freefaller said:
the point is, that if someone is in the car with you and you stop talking they can see you're trying to navigate, or concentrate on something or are distracted by cars/traffic or whatever.

A person on the phone cannot. It's easy to stop talking when the other person realises why and you're not having to explain what you do.
Click to expand...

Surely we are just dealing with the ability to listen and drive at the same time, no different to having the radio on with someone talking.

Whenever I have to concentrate on something while driving and I'm having an conversation on the hands-free, I will tell whom ever it is to hold on a sec.
 
Jono said:
No, I don't think so. However if you pick the phone up to change the playlist or whatever, then you'll be breaking the law.
Click to expand...

If the music is downloaded to the phone then you may not necessarily be breaking the law as it won't be an interactive communication function.
 
Last edited:
Burnsy2023 said:
Just a quick summary of the law around this, people don't realise it's actually quite a narrow definition.

To prove the offence, you must be:
  1. Driving a motor vehicle on a road or supervising someone who is.
  2. Using a handheld device for an interactive communication function.
Point 2 is a complicated one. You must hold the device in your hand whilst using the phone for a communication function. If it's sat in a cradle, affixed to the dash, using handsfree or otherwise does not need to be held during the journey, then this law won't be applicable. You also must be using the phone to start/receive a call, text message or any application that uses the internet. That could include Google Maps or another navigation app that uses the internet. If you picked up your phone to use the calculator alone, then this, again wouldn't be applicable to this offence. There is a statutory defence to this being that if you can't stop and need to call 999, you can. Radio use is also exempt.

It's worth noting, that whilst many of my examples would mean that the mobile phone legislation wouldn't' be applicable, it may fall into the offence of not being in proper control of a vehicle or driving without due care and attention, but both of these are generally a £100 fine and 3 points unless tried at court.
Click to expand...
I read the law on this a while ago, and as I recall the legislation specifically includes sending a fax as an "interactive communication function".

So, you know, stop sending all those faxes people.
 
Clov!s said:
I've used my phone a few times while driving, never to text or ring someone but I've picked it up to reject a call.
Click to expand...

Illegal, but the actual motor controls we use to do something like this is pretty safe. The actual conversation with a person who isn't physically present is dangerous. Or according to a book I read on the subject anyway.

The invisible gorilla if anyone is interested.
 
Burnsy2023 said:
If the music is downloaded to the phone then you may not necessarily be breaking the law as it won't be an interactive communication function.
Click to expand...
Sounds a bit ambiguous really, what would be stopping me from typing a text out and then realising you're behind me, closing the text and opening the calculator. Oh officer I just suddenly realised I didn't know what 38x18 is. How do you prove thats not what I was doing, going into messages and seeing a half typed message wouldn't cut it surely..."oh thats why they haven't replied yet", I must have missed send"
 
MoRT489 said:
Driving without due care and attention mr calculator, if you can't be caught under the mobile phone one for a technicality.
Click to expand...
Burnsy2023 said:
If you picked up your phone to use the calculator alone, then this, again wouldn't be applicable to this offence.

It's worth noting, that whilst many of my examples would mean that the mobile phone legislation wouldn't' be applicable, it may fall into the offence of not being in proper control of a vehicle or driving without due care and attention, but both of these are generally a £100 fine and 3 points unless tried at court.
Click to expand...

Quoted from one of the boys in blue. However in order to be charged with driving without due care and attention this needs to be shown that you driving was distracted. If you are able to keep full control of your vehicle this is very difficult to prove
 
I haven't read all the replies but would this situation be the same?

I have a phone holder in the car which i use when on a call. the phone will be in the holder and the call will be on speaker phone.

can you still get fined for the above?
 
What about stopped at side of road to take a call or adjust sat nav on phone ?

Indicator on stopped but engine on ok ?

Engine have to be off ?
 
En
Buckster said:
What about stopped at side of road to take a call or adjust sat nav on phone ?

Indicator on stopped but engine on ok ?

Engine have to be off ?
Click to expand...
Engine on is deemed as being in charge of a motor vehicle
 
Last edited:
You must log in or register to reply here.
Back
Top Bottom