Booked for using mobile while stationery

Spicy_McHaggis

JustinR1979 wrote: »

Until the traffic stops, then he parks the A3.
Hope he doesn't live in Central London, so many traffic lights to park at.

Plenty options for a regular oil change using quality oil.

Voltaire7

JustinR1979 wrote: »

When you're driving you have the engine running, when parked up you don't. You don't go shopping and park up leaving the engine running.

Unfortunately you don't appear to be sufficiently qualified to define what 'driving' is.

arcon5

I think some people like to disagree just for the sake of arguing.

andygb

Voltaire7 wrote: »

It doesn't alter my perception of the police. If anything, I would view then more favourably after this.

Then you are an absolute idiot who cannot tell the difference between sense and nonsense, logic and lunacy.
If the police want the general public to respect them then they are going the wrong way about it.
I would rather they went up and down the motorway pulling the real offenders, not people who are no danger to anyone.

Spicy_McHaggis

Voltaire7 wrote: »

Unfortunately you don't appear to be sufficiently qualified to define what 'driving' is.

Grow up darkmatter.

benham3160

andygb wrote: »

Then you are an absolute idiot who cannot tell the difference between sense and nonsense, logic and lunacy.
If the police want the general public to respect them then they are going the wrong way about it.
I would rather they went up and down the motorway pulling the real offenders, not people who are no danger to anyone.

I agree totally.

Anybody who genuinely believes law should be enforced how it appears to be have been here clearly has some rather sadistic tendencies.

If it was the fact somebody was parked up (even with a running engine) not presenting the merest danger to another road user and have been issued an FPN is a total and utter pointless exercise.

Nilrem

Whilst it may seem harsh for the police to do someone for the mobile whilst they're stationary but with the engine running, the police will come across a lot of people who will then pull out whilst still using the mobile, or use the mobile whilst at traffic lights.

IIRC under the strict wording of the law the offence is complete if the mobile is in you hand and you have the engine running (I think as at that point you're in control of an operating motor vehicle), to use a mobile (except in an emergency), you're meant to pull over and turn the engine off.

benham3160

Nilrem wrote: »

Whilst it may seem harsh for the police to do someone for the mobile whilst they're stationary but with the engine running, the police will come across a lot of people who will then pull out whilst still using the mobile, or use the mobile whilst at traffic lights.

That's a strawman argument, should the officer in question not have waited to see if the driver did actually drive off?

Here's how I think this should have been played;

a) Officer taps on window "Flick ya engine off mate, kinda bizarre but that's what the regs say, just bear it in mind in the future - don't want a ticket for no good reason"

or

b) Approached vehicle, seen somebody was clearly parked and not driving and just carried on with whatever they were doing.

arcon5

Nilrem wrote: »

Whilst it may seem harsh for the police to do someone for the mobile whilst they're stationary but with the engine running, the police will come across a lot of people who will then pull out whilst still using the mobile, or use the mobile whilst at traffic lights.

IIRC under the strict wording of the law the offence is complete if the mobile is in you hand and you have the engine running (I think as at that point you're in control of an operating motor vehicle), to use a mobile (except in an emergency), you're meant to pull over and turn the engine off.

Except none of these scenarios are relevant to op so can't be used to justify the officers actions.

Car_54

Nilrem wrote: »

Whilst it may seem harsh for the police to do someone for the mobile whilst they're stationary but with the engine running, the police will come across a lot of people who will then pull out whilst still using the mobile, or use the mobile whilst at traffic lights.

IIRC under the strict wording of the law the offence is complete if the mobile is in you hand and you have the engine running (I think as at that point you're in control of an operating motor vehicle), to use a mobile (except in an emergency), you're meant to pull over and turn the engine off.

I think your recall is faulty. The law in question [The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003] says "No person shall drive ...etc. " but it fails to define "drive".

It is therefore for the courts to decide whether any particular defendant was actually driving. There will be no definitive answer to this until someone takes this to the higher courts, which is unlikely to happen soon given the risk involved (massive cost versus a £100 penalty.)

The best advice at the moment is that you should have the handbrake on and the engine off.