Offense Code 125 - £100 + 3 points

Tom_ed1987 said:
My sympathies op. It is a completely bs law that by merely touching a 'mobile device' you commit an absolute offence but sadly there's nothing you can do.
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Well this is less than accurate.

The law on using a mobile phone is that you shouldn't do it whilst driving. Just because you are a red light and not moving doesn't mean you're not driving. If in doubt pull over and turn the engine off.
 
3DNow! said:
Hi

Did one police officer catch and issue you with a fixed penalty notice?


If so, I thought two had to be present at the time of offence Being committed then they could charge you.

I could be wrong though?
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Possibly in Scotland where the law is funky but certainly not the case in E&W.
 
Good to know the police continue to have the best interests of the public at heart.

I actually saw a policeman walking on the street Friday evening, the first time since I've lived here (seven years) that I have seen a police man walking on the street.

They shut down the old police station 4 or 5 years ago and built a new super duper Fort Knox hi tech police station on the out skirts of town.

Only, it's only manned during normal working hours and closed on the weekend, because you know, rapists, drug dealers and murderers don't work at the weekend either so it's kind of pointless.

As for the OP, they kind of proved the point that you were not paying enough attention to the road and what was going on, because they managed to nick you, because you were not paying attention to what was going on and you didn't see them.

You first class chump.
 
PMKeates said:
Depends on what you consider "advanced", surely? I suppose you consider that to be what the police consider it to be. Other determinations are, in fact, possible.
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As the police are the only ones that can issue me a fine and points for not driving to the prescribed standard, I'll drive to match thier definition, cheers :-)
 
atpbx said:
Only, it's only manned during normal working hours and closed on the weekend, because you know, rapists, drug dealers and murderers don't work at the weekend either so it's kind of pointless.
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Because police officers cease to function when the police office is closed? :confused:
 
Hades said:
Rightly or wrongly the offence committed was using a handheld device while in charge of a vehicle. It doesn't matter whether it was to make a call, use satnav, or text. A handheld device was being used contrary to the law.
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This, in this instance it wouldn't have made a difference if it was a phone or a dedicated sat-nav.

Also, pulled up at the lights with the handbrake on is still being in charge of the vehicle in the eyes of the law. I *think* technically you have to be parked up with the engine off.
 
Scottland said:
I *think* technically you have to be parked up with the engine off.
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I dont know if drink driving is different but you can be charged for that simply by being inside the car and having access to the keys (even if the keys are not in the ignition)
 
Sorry OP but you broke the law, if you agree or disagree with it has little to do with the outcome!

RTA 2003 states:
110. (1) No person shall drive a motor vehicle on a road if he is using—

(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4).

Whilst there is no definition of "driving", this is normally taken to be the person who is exercising control of the vehicle.

On a purely technical basis, being stationary with the hand brake applied and engine on would be enough for prosecution.
 
touch said:
I dont know if drink driving is different but you can be charged for that simply by being inside the car and having access to the keys (even if the keys are not in the ignition)
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I know of a few hgv drivers who have been prosecuted for drink driving having been breath tested whilst parked up for the night (which itself is a legal requirement) and at the time of the "offence" have been unable to drive, by law, for hours!
The mere fact they were in the vehicle with keys was enough!
 
vanandjuanunited said:
Smoking while driving I don't get.
Drop a pen you get it next time you are stopped.
Drop your lit cigarette what's gonna happen????
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reminds me of Ace Venture: When Nature Calls. Riding along in his monster truck next to the bad hunter guy driving a landy, Ace pops the cig lighter and throws it in the guys lap... hunter panics... grabs it... looks smug then hits a tree :p

If I use my phone for sat nav I usually set it all up when I'm sat in the car parked outside the house and then mount it right up between the dash and windscreen so it's no where near my reach.

can understand the law with phones, just don't use them when in the car. hence why mine's in the pocket or mounted pretty much out of reach for satnav purposes.

but seems a bit OTT to not be allowed to tap the screen a few times of the sat nav whilst stationary with the parking brake on on a mounted device. that in my eyes if negligible in comparison to people who smoke while driving along as they have limited use of one hand, repeatedly taking a hand off the wheel and applying concentration to flicking ash out the window.... or get smoke in their eye and you see them do that squinty look screwed up face....lol..... also it absolutely stinks if you're in another car anywhere near them. yuk!




also.... what about if you have start/stop ;)
 
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touch said:
I dont know if drink driving is different but you can be charged for that simply by being inside the car and having access to the keys (even if the keys are not in the ignition)
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I seem to remember there was some guidance offered at the time the mobile phone law came into effect where they advised you to be parked up with the engine off. But where the line is drawn legally/technically speaking I'm not sure - as you quite rightly pointed out drink drivers can be charged for just having the keys in the car.
 
Scottland said:
I seem to remember there was some guidance offered at the time the mobile phone law came into effect where they advised you to be parked up with the engine off. But where the line is drawn legally/technically speaking I'm not sure - as you quite rightly pointed out drink drivers can be charged for just having the keys in the car.
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Drunk in charge is different to that of using a mobile phone because for the latter you must be "driving". To be drunk in charge you only need to have control of a vehicle.

gobbo said:
Whilst there is no definition of "driving", this is normally taken to be the person who is exercising control of the vehicle.
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There is no statutory definition but there is plenty of case law.
 
scousegit said:
I hope your being sarcastic, because if not you really are a dumbass.

no one pulls over to get a bottle of water out and drink it.
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That's not the point. What other people do is irrelevant, and can never work as a defense.

You are meant to pull over if you want to drink. It's not to be done while driving.
 
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