Offense Code 125 - £100 + 3 points

sansnom

sansnom

sansnom

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So annoyed by this, basically got stopped by a police officer this afternoon because I was 'using my mobile phone' while driving.

For the record, I was not on the phone, I was not calling, talking or texting. I was looking at it though as I was following Sat Nav directions, which he saw me doing, and which I tried to explain was no different than using a sat nav console in a car.

He issued me the ticket anyway. £100 plus 3 points. The only points I've had since I got my license 11 years ago. I'm furious tbh as it was in stopped traffic and not in any way a danger to the public or other road users when I looked over to the sat nav to make sure I was still following the right route.

Should I bother contesting it? Would I have a leg to stand on or would it be a waste of time? I don't care so much about the fine, but the points will no doubt have a major impact on insurance wont it?
 
geekman said:
So was the phone in a holder or in your hand?
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+1

which I tried to explain was no different than using a sat nav console in a car.
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And you can be fined and given penalty points for touching or being distracted by a sat nav whilst in charge of a vehicle as well. It's reconmended that if you need to interact with a sat nav (i.e. plot a new route or adjust an existing one) that you remove your car from the flow of traffic and stop in a safe place before doing so -funnily enough that's the same guidance for using mobile phones as well.

Laws RTA 1988 sects 2 & 3 & CUR reg 104

Highway code.

There is a danger of driver distraction being caused by in-vehicle systems such as satellite navigation systems, congestion warning systems, PCs, multi-media, etc. You MUST exercise proper control of your vehicle at all times. Do not rely on driver assistance systems such as cruise control or lane departure warnings. They are available to assist but you should not reduce your concentration levels. Do not be distracted by maps or screen-based information (such as navigation or vehicle management systems) while driving or riding. If necessary find a safe place to stop.
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Note the "MUST" clause, which indicates the rule is backed up by legislation.

Sounds like the copper has you banged to rights. If you want to contest it then you'll have to demonstrate to a magistrate that your interaction with your mobile phone wasn't in detriment to your control of your vehicle of that it affected your awareness of your surroundings. A magistrate is typically between the ages of 50 and 65, of a well to do nature and will typically be wary of technology and probably hates mobile phones, so I'll leave you to guess at your chances.
 
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sansnom said:
it was in my hand but he wouldn't have been able to see it, its only because my head was tilted downwards that he 'assumed' I was using a phone.
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Nothing you can do then I'm afraid - you've committed an offence. It's ridiculous when the law is used like this but there's not much you can do.
 
Isnt the onus on him to prove it though? I mean if it went to court, I can prove that no call was made or received at the time of the ticket. But from what I understand, the phone only needs to be in your hand for it to count as an offense which I think is absurd.

In any case, wouldn't he still have to prove the phone was in my hand with some sort of photo evidence? otherwise surely its his word against mine.
 
If it was in your hand then he's absolutely right. You should have two hands free for driving.
 
sansnom said:
Isnt the onus on him to prove it though? I mean if it went to court, I can prove that no call was made or received at the time of the ticket. But from what I understand, the phone only needs to be in your hand for it to count as an offense which I think is absurd.

In any case, wouldn't he still have to prove the phone was in my hand with some sort of photo evidence? otherwise surely its his word against mine.
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And they will believe his word over yours. It's really that simple I'm afraid. I agree with you that quickly checking your phone when stopped isn't dangerous, but it's against the law and that's that.
 
geekman said:
And they will believe his word over yours. It's really that simple I'm afraid. I agree with you that quickly checking your phone when stopped isn't dangerous, but it's against the law and that's that.
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wow, what a crazy law.

So I guess I have no choice but to get the points on my license. How do you think this will affect my insurance going forward? I've never had any points so I haven't had any experience with this.
 
sansnom said:
it was in my hand but he wouldn't have been able to see it, its only because my head was tilted downwards that he 'assumed' I was using a phone.
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So you only had one hand available to control the car and you weren't looking where you were going. Sounds like exactly what the law was designed to crack down on.
 
Del Lardo said:
So you only had one hand available to control the car and you weren't looking where you were going. Sounds like exactly what the law was designed to crack down on.
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In stopped traffic at a traffic light? I'm pretty sure I'm not supposed to be moving forward on a red light. By that rationale, you shouldn't move your vision from directly infront of you at all times, including but not limited to getting a bottle of water from a cup holder, or a tissue from a glove box or otherwise.

Ridiculous.
 
Driving with a mobile phone is really stupid. £100 and 3 points is not enough. You know the rules but break them knowing full well what the implications could be??

Sorry, serves you right!!
 
sansnom said:
In stopped traffic at a traffic light?
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Yes. How are people still this clueless about the laws on using phones while driving?

If you'd been doing the same with a dedicated sat-nav device (i.e. holding it instead of having it mounted somewhere sensible) you'd have likely been done for a similar offence.
 
TheVoice said:
Yes. How are people still this clueless about the laws on using phones while driving?

If you'd been doing the same with a dedicated sat-nav device (i.e. holding it instead of having it mounted somewhere sensible) you'd have likely been done for a similar offence.
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what a load of codswallop

So you and those with a similar viewpoint are telling me, that when you stop at a traffic light, you don't look at any passengers in the car, you don't talk to anyone, you don't look at any of the dials or do anything whatsoever other than stare directly out of the windscreen infront of you in complete silence focused 100% on the road waiting for the light to go from red to green. Yes?

Sure, I bet that's exactly true.
 
Steve M said:
As well has having your eyes on the road rather than "head tilted downwards".

Honesty cannot see what you are complaining for.
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I'm complaining because had I been in a "moving" vehicle, say doing 80mph down the motorway with my head tilted downwards fiddling with a mobile phone I could completely understand, put my hand up and take my penalty.

However, it's quite different when you're at a red light, in traffic with no movement and the car is in park.
 
sansnom said:
In stopped traffic at a traffic light? I'm pretty sure I'm not supposed to be moving forward on a red light. By that rationale, you shouldn't move your vision from directly infront of you at all times, including but not limited to getting a bottle of water from a cup holder, or a tissue from a glove box or otherwise.

Ridiculous.
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Irrelevant. In the same way that if I sit in my car after 3 beers I can be done for drink driving regardless of whether I am driving it. Ignorance of the law is no defence.

Oh, and the examples you have given could get you into trouble if it could be shown that it caused you to drive without due care and attention.
 
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