mobiles and driving

DONTKNOWWHATTODO_4

Is it an offence to hold your mobile phone but not actually use it whilst driving?

Browntoa

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

bargepole

DONTKNOWWHATTODO wrote: »

Is it an offence to hold your mobile phone but not actually use it whilst driving?

The actual legislation relating to this states as follows:

(6) For the purposes of this regulation -
(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;
...
(c) "interactive communication function" includes the following:

(i) sending or receiving oral or written messages;

(ii) sending or receiving facsimile documents;

(iii) sending or receiving still or moving images; and

(iv) providing access to the internet;

So, on a strict interpretation of the above, just holding the phone and letting it ring is not an interactive communication, and doesn't breach the law.

But, as we've seen from cases that have come before Magistrates, the interpretation from most benches is that if you touch the phone for any reason, you have broken the law and are guilty.

What's actually needed is a test case to go to the High Court so that a clear ruling can be made, to sort out the rather ambiguous way this legislation has been drafted.

raskazz

bargepole wrote: »

The actual legislation relating to this states as follows:

(6) For the purposes of this regulation -
(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;
...
(c) "interactive communication function" includes the following:

(i) sending or receiving oral or written messages;

(ii) sending or receiving facsimile documents;

(iii) sending or receiving still or moving images; and

(iv) providing access to the internet;

So, on a strict interpretation of the above, just holding the phone and letting it ring is not an interactive communication, and doesn't breach the law.

But, as we've seen from cases that have come before Magistrates, the interpretation from most benches is that if you touch the phone for any reason, you have broken the law and are guilty.

What's actually needed is a test case to go to the High Court so that a clear ruling can be made, to sort out the rather ambiguous way this legislation has been drafted.

No, I disagree. I think it's already quite clear. The section of the statute that you quote is only the part of the statute that defines what 'hand held' means. As the OP admits that the device was a mobile phone then we need not be concerned with that section.

The actual offence is:

" Mobile telephones
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)."

So it's clear that the OP is guilty of the offence. He was driving a motor vehicle on a road whilst using a hand-held mobile telephone. He was 'using' it because he was presumably holding it in order to see who was calling. Those functions listed in your post are not the only functions that constitute 'use' of the device.

jeannieblue

Why hold it if you have no intention of using it??

Guilty..

tomstickland

Well, clearly, even thinking about using a phone is a crime.

jeannieblue

tomstickland wrote: »

Well, clearly, even thinking about using a phone is a crime.

Of course it is.....

But on a serious note... if you are driving, why hold it? If you are spotted holding it - then it would look like you are about to use, are using it or have been using it whilst driving!

Just put the damn thing in your pocket or somewhere and then you don't have a problem.......... or is that too simple??

Keith

jeannieblue wrote: »

But on a serious note... if you are driving, why hold it?

Maybe it has a leather pouch...


Mmmm leather, stroke, stroke, leather mmmm.

Crash.

goldspanners

bluetooth stereos are the way ahead,seriously consider one,well worth it and pretty cheap these days.

Inactive

I wonder if the OP was holding it near to their ear?;)