Booked for using mobile while stationery

Retrogamer

Just show them this video as a defense.

https://www.youtube.com/watch?v=JdqnL6FtoyI

bod1467

Spicy_McHaggis wrote: »

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

#119 was after at least two prompts for a response.

Spicy_McHaggis

DUTR wrote: »

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.

Being in charge and making a call isn't an offence.

You maybe driving you may not, it would be up to a court to decide.

DUTR

Spicy_McHaggis wrote: »

Being in charge and making a call isn't an offence.

You maybe driving you may not, it would be up to a court to decide.

Spicy, people have been fined for doing just so, all I'm saying is there are few loopholes and sitting in traffic isn't one of them, in the case of the OP, he could have created and sent the text in a few seconds whilst leaving the building, or even a few seconds call on the hands free. Still for him the damage is done the way I look at it, it's never worth the gamble as you never know who is watching.

Spicy_McHaggis

DUTR wrote: »

Spicy, people have been fined for doing just so, all I'm saying is there are few loopholes and sitting in traffic isn't one of them, in the case of the OP, he could have created and sent the text in a few seconds whilst leaving the building, or even a few seconds call on the hands free. Still for him the damage is done the way I look at it, it's never worth the gamble as you never know who is watching.

Not for being in charge they haven't because it isn't an offence. They were in the eyes of the law driving.

Richard53

If I need to use the phone while I am out in the car, I always pull off the road, turn the engine off, and put the keys on the dash, visible from the outside. No grey area then.

pendragon_arther

akkers wrote: »

I have a friend who came out of a building and got into his car, which was parked on a main road. He started the car first to warm it up (diesel car) and texted his office that he was on his way. Suddenly he was approached by a West Yorkshire Police officer and booked for 'using a mobile whilst driving'.
He had his handbrake on and had not put car in gear; only engine was running to allow car to warm up. Its a bit harsh to get booked for that?
I guess its never safe to use a mobile in a car; only way is to switch car off and go outside.

Did he mention all the facts to the officer and was then ignored or is this just a hypothetical story?

emmb

As far as I understand it, strictly, sadly, keys in ignition=in charge of vehicle and so, whilst extremely petty, I believe your friend does not have any recourse. It is extremely harsh but probbably impossible to contest/object to. Indeed plenty of cases in past of someone smoking at traffic lights, or taking bite of apple and even someone sleeping in the car, due to being over limit and with keys in oocket all being 'done'. Even the guy in sleeping. Having the keys shows intention to drive. Not often enforced. Anyway, some of these things are actual cases known to me and some heresay. The correct standing of these in law though should be checked out. I can suggest a website named Pepipoo. Yes a daft name but one were genuine and sound advice is given to real situations, plus plenty of previous topics to read through. I've used it over car parking tickets and speeding tickets. If your friend is still within the response time, run it past the website. Even if he's paid up and accepted the points, stillbe worth looking to get the actual rules on the subject aswell as tomelines for response etc.

marleyboy

I dont use my phone in my car AT ALL engine on or off. Cars should be built in such a way that mobile phone reception just does not work inside the vehicle.

The argument about leaving the engine running is rather mute, be that a drunk driver only needs to put the key in the ignition to determine their guilt.

Car_54

marleyboy wrote: »

I dont use my phone in my car AT ALL engine on or off. Cars should be built in such a way that mobile phone reception just does not work inside the vehicle.

The argument about leaving the engine running is rather mute, be that a drunk driver only needs to put the key in the ignition to determine their guilt.

A drunk doesn't even need to do that, but that's because there is a specific offence of "drunk in charge".

There is no offence of using a mobile when in charge.