Caught on the phone while driving

phona

Robisere wrote: »

I know someone who listens to audiobooks whilst driving, I can see an inattention problem there. I have music playing, either radio or CD, but very low and in the background. But listening to a story would divide my attention, I believe that might be dangerous. The speed, density and complexity of traffic today, requires constant, undivided attention and concentration, IMO.

Music and radio not so much, you can just stop listening when you need to and probably not even notice the gap. I agree about audiobooks though - following one of those would be very similar to the mobile phone issue.

I have an audiobook copy of The Invisible Gorilla (http://www.theinvisiblegorilla.com/), a book all about cognitive biases such as inattentional blindness. I definitely don't listen to it in the car, because that would be a terribly ironic way to die!

sh0597

I've used a phone a couple of times to make a quick text, probably shouldn't. Think i'll sort myself out with a hands free system. In all honesty though it depends on context. Quick text while stopped at lights isn't really an issue. People driving one handed through a complex junction while distracted is an issue.

custardy

Buellguy wrote: »

And expect 3 points and about £100 fine (plus a probable rise in insurance premium as a lot of insurance companies are taking a dim view of mobile phone offences now)

Which is what it cost me to install a Parrot system in my car.
No sympathy for anyone caught using their phone.

Car_54

sh0597 wrote: »

I've used a phone a couple of times to make a quick text, probably shouldn't. Think i'll sort myself out with a hands free system. In all honesty though it depends on context. Quick text while stopped at lights isn't really an issue. People driving one handed through a complex junction while distracted is an issue.

"Quick text while stopped at lights isn't really an issue." Possibly not an issue, but probably seen as an offence. Since the relevant legislation doesn't define "using" the phone, or "driving", and there is no case law, the best advice is not to hold a phone unless stationary with the engine switched off.

Aretnap

Car_54 wrote: »

"Quick text while stopped at lights isn't really an issue." Possibly not an issue, but probably seen as an offence. Since the relevant legislation doesn't define "using" the phone, or "driving", and there is no case law, the best advice is not to hold a phone unless stationary with the engine switched off.

There's actually quite a lot of case law about what constitutes driving. Planton v DPP is probably quite relevant.

Lord_Justice_Pill wrote:

Reliance is placed upon the fact that there was no movement of the vehicle at the material time. I do not consider that Lord Widgery was seeking in his definition to limit the situations in which a person can be driving to those when the vehicle is actually moving. A driver who stops his vehicle at traffic lights is clearly, in my judgment, still driving that vehicle. It is a question of fact and degree as to whether the cessation of movement has been for so long and in such circumstances that it cannot reasonably be said that the person in the driving seat is driving.

Obviously using a phone while stopped at traffic lights is not as dangerous as using it while negotiating Z-bends at 60mph, but it will still see you convicted if you get caught.

Iceweasel

sh0597 wrote: »

I've used a phone a couple of times to make a quick text, probably shouldn't. Think i'll sort myself out with a hands free system. In all honesty though it depends on context. Quick text while stopped at lights isn't really an issue. People driving one handed through a complex junction while distracted is an issue.

I'm afraid you seem to have little grasp of what rules and the law are all about.

Loads of people think the rules don't apply if it's only a little or it's over quick.

What if I said I drove my car when only a 'little bit' drunk or not wearing my seat-belt only for a short distance 'isn't really an issue'.

It's all or nothing I'm afraid - you can't be a little bit dead or a little bit pregnant.

JustinR1979

Just touching the button on an ear piece can get you done.
I see a lot stuck to screen used as satnavs, seems risky to me.

Car_54

JustinR1979 wrote: »

Just touching the button on an ear piece can get you done.
I see a lot stuck to screen used as satnavs, seems risky to me.

If they're stuck to the screen, they're not "hand-held", so the mobile phone offence doesn't apply

But you're right, it's still risky. There are other offences - not being in proper control, or careless driving.

JustinR1979

Car_54 wrote: »

If they're stuck to the screen, they're not "hand-held", so the mobile phone offence doesn't apply

But you're right, it's still risky. There are other offences - not being in proper control, or careless driving.

I meant more that you've only got to touch the screen and that's using a mobile .

sh0597

Obviously I meant more from a moral viewpoint. Almost everyone has infringed some rule or another at some point. You actually can drive "a little bit drunk" as we have the most tolerant alcohol limit in the world.