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

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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.

Using it as a camera is also a penalty. Sussex Police already listing some people have been stopped today.
Andi.

Not a 6 points and £200 fine penalty though according to the wording of the law.
 
Soldato
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Andicole0 said:
Using it as a camera is also a penalty. Sussex Police already listing some people have been stopped today.
Andi.

Not a 6 points and £200 fine penalty though according to the wording of the law.

True, I was being a little tongue in cheek saying 'ok', I did mean falling foul of this new penalty.

Taking a picture while driving would definitely fall under driving without due care and attention anyway
 
Associate
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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"
Obviously 684. I'd jail you for being dense.
 
Soldato
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True, I was being a little tongue in cheek saying 'ok', I did mean falling foul of this new penalty.

Taking a picture while driving would definitely fall under driving without due care and attention anyway

Doubt it's cut and dry, perhaps not in full control of a motor vehicle? And what if you didn't take your eyes off the road? I can see why the police would want a specific law in relation to mobile phones as either of the other offences could be very hard to prove.
 
Soldato
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the autism rage in here is worse than the Daily Mail. In Sweden there are no penalties for using your phone while driving. The government there did studies and found that there was no correlation between phone use and accidents.
 
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