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mobile phone laws

I received 3 penalty points and a £60 fine, I had my mobile phone in my hand and it was ringing, I looked at it but did not answer.
Does anybody know the laws about this?
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Comments

  • Browntoa
    Browntoa Posts: 49,520 Forumite
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    It is a specific offence to use a hand-held phone when driving. A hand-held device is something that “is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function.” A motorist can regard driving as meaning a vehicle with the engine running. In simple terms you can use a mobile as long as you don’t hold the phone and you can’t use a hand-held phone if the engine is running.

    Can I use a hands-free phone while I’m driving?
    Yes, but you can only use it if it can be operated without holding the phone. Therefore mobile phones should be placed in cradles which are attached to the dashboard. Pushing buttons is permissible
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  • Does holding my mobile actually mean I was using it?
  • bargepole
    bargepole Posts: 3,236 Forumite
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    ...I had my mobile phone in my hand...
    That's all that needs to happen while driving, it doesn't matter whether you answered it or not, you committed the offence by holding the phone.

    I suggest you leave the phone in your pocket, and get a decent bluetooth kit, preferably one which auto-answers the phone, and which uses voice-activated dialling. Never touch the phone when driving.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Andybez38
    Andybez38 Posts: 1,773 Forumite
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    Does holding my mobile actually mean I was using it?

    I can see what your thinking. Does eating a choccy bar, changing your stereo also get such harsh penalties right? Where does it all end. :confused:
    I came into this world with nothing and I'm gonna leave with nothing.
  • Inactive
    Inactive Posts: 14,509 Forumite
    Why would you need to hold a phone that is ringing, if you had no intention of answering it??:confused: .

    In fact why have it anywhere within reach of the driver?
  • scbk
    scbk Posts: 1,216 Forumite
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    Inactive wrote: »
    In fact why have it anywhere within reach of the driver?

    Why would someone have a vehicle capable of exceeding the speed limit? ;)
  • Inactive
    Inactive Posts: 14,509 Forumite
    scbk wrote: »
    Why would someone have a vehicle capable of exceeding the speed limit? ;)


    Not sure I understand what you are trying to say..:confused:
  • shirlgirl2004
    shirlgirl2004 Posts: 2,983 Forumite
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    Inactive wrote: »
    Why would you need to hold a phone that is ringing, if you had no intention of answering it??:confused: .

    In fact why have it anywhere within reach of the driver?

    Because if it's your MIL you aren't going to pull over and answer it :D
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    Andybez38 wrote: »
    I can see what your thinking. Does eating a choccy bar, changing your stereo also get such harsh penalties right? Where does it all end. :confused:

    Eating whilst at the wheel has before. You are classed as driving without due care as you are not in full control of the vehicle. So yes, you can be prosecuted for holding a mobile phone whilst driving but not under the specific offence for using a mobile.
  • vikingaero
    vikingaero Posts: 10,920 Forumite
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    scbk wrote: »
    Why would someone have a vehicle capable of exceeding the speed limit? ;)

    The vast majority of vehicles can exceed one speed limit or another. Most cars can exceed 20 and 30 mph limits and also the National Speed Limit of 70mph on dual carriageways and motorways.

    What about people who live in one member state such as Germany or the Isle of Man where there is no limit on certain stretches of road? What about the French who can drive at 130kph in the dry on autoroutes? Under your reasoning should a French car be allowed to drive on UK roads given that they have a higher limit? What happens if a British car drives in France but can only travel at 70mph instead of 81mph?
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