Booked for using mobile while stationery

Spicy_McHaggis

So you can't.

neilmcl

Out of interest where would a car with auto stop/start fit in these scenarios?

DUTR

neilmcl wrote: »

Out of interest where would a car with auto stop/start fit in these scenarios?

There is no loophole, the engine is on and you wouldn't have a defence in the courts.

Joe_Horner

Spicy_McHaggis wrote: »

So you can't.

Are you 10?
Have I wandered into the school playground by accident?
Are you saying "nah nah ne nah nah" behind your keyboard right now?

If not then grow up and start posting like an adult!

neilmcl

DUTR wrote: »

There is no loophole, the engine is on and you wouldn't have a defence in the courts.

But that's my point, the engine is not running.

Spicy_McHaggis

Joe_Horner wrote: »

It does amuse me sometimes on here how people seem to believe that the law is what (their interpretation of) common sense thinks it should be rather than what it is - which is often completely different.

As it stands the law is quite clear that if your engine is running you're "driving" for the purpose of using a mobile and several other car-related activities.

If you feel it should be different from that then you're perfectly at liberty to get yourself ticketed, refuse the FP, go to court and try to set a new precedent.

But you'll probably find it's easier, cheaper and less stressful in the long run to just play the game as it stands and turn your engine off if you're going to use the phone - it only takes the turn of a key!

You say that but for some reason you won't back it up.

bod1467

Spicy_McHaggis wrote: »

so you obviously have a theory you won't share,

Spicy_McHaggis wrote: »

So you can't.

You mean like the Start/Stop with handbrake ON scenario that you still haven't answered? (You were quick to jump on the handbrake OFF scenario, but you've obdurately ignored the handbrake ON scenario).

Spicy_McHaggis

neilmcl wrote: »

But that's my point, the engine is not running.

Well if Joe Horner would give us the benefit of some of his stated cases on when you are driving it would be easier to form an opinion. If stopped at the side of the road you may have a defence but without his legal definition of driving it's hard to say.

Spicy_McHaggis

bod1467 wrote: »

You mean like the Start/Stop with handbrake ON scenario that you still haven't answered? (You were quick to jump on the handbrake OFF scenario, but you've obdurately ignored the handbrake ON scenario).

See #119 and come back if you're still looking to provoke an arguements.

DUTR

neilmcl wrote: »

But that's my point, the engine is not running.

It's not running, but you are in charge of the vehicle and it's not an excuse to get the phone out as the OP has found out.