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Booked for using mobile while stationery
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The definition of driving is found in the Road Traffic Act and includes a vehicle with the engine running and stationary.0
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I can't help thinking that in the scenario presented the officer may be the type who leans on bars, on his rest days telling all and sundry about how he "loves his job, but oh the paperwork he has to deal with..."0
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benham3160 wrote: »I can't help thinking that in the scenario presented the officer may be the type who leans on bars, on his rest days telling all and sundry about how he "loves his job, but oh the paperwork he has to deal with..."
He does sound like a knob, but on the other hand the driver could have had his Burberry cap on backwards in how lowered Corsa and a massive attitude.0 -
A number of sites suggest the engine has to be OFF otherwise you are considered to be driving even when stationary with the handbrake on.
I haven't looked up the case law myself but a few different sites say the same thing.What will your verse be?
R.I.P Robin Williams.0 -
Marktheshark wrote: »To be honest I would take this to http://forums.pepipoo.com/
or legal beagles, the forums have less "cloud"
http://www.rac.co.uk/press-centre/press-releases/motorists-muddled-over-mobile-phone-law
"A shocking 61% of motorists still have not got the message that texting at the wheel of a stationary car with the engine on is against the law despite the fact it has been illegal since 2003 for drivers to use a hand-held mobile phone."
http://www.theaa.com/motoring_advice/legal-advice/mobile-phones.html
"It is illegal to use a mobile phone held in the hand while driving or while stopped with the engine on."
http://www.rospa.com/roadsafety/adviceandinformation/driving/mobilephoneswhiledriving/factsheet.aspx
"Under existing law a person may be regarded as "driving" a vehicle while the engine is running and the vehicle is stationary. The offence applies to all motor vehicles, including motorcycles, but not apply to pedal cycles."
https://www.lawontheweb.co.uk/personal/mobile-phones
"Even if your car is off the road and is not moving, you may be considered to be driving if your engine is on. Therefore, if you stop your car to use your phone, it would be wise to turn your engine off first."
http://www.justanswer.com/uk-traffic-law/4hgil-vehicle-stationary-engine-running.html
"If you are in the driver's seat of a vehicle with the engine running, then you are technically in charge of that vehicle, so the penalties that apply to using a hand held mobile device while 'driving', do apply to you.
Read more: http://www.justanswer.com/uk-traffic-law/4hgil-vehicle-stationary-engine-running.html#ixzz3RwHX2RPx"What will your verse be?
R.I.P Robin Williams.0 -
benham3160 wrote: »I can't help thinking that in the scenario presented the officer may be the type who leans on bars, on his rest days telling all and sundry about how he "loves his job, but oh the paperwork he has to deal with..."
Or the type of officer who has had to call to a house to tell someone a relative has been killed and there is suspicion the driver causing the accident was on the phone.0 -
Or the type of officer who has had to call to a house to tell someone a relative has been killed and there is suspicion the driver causing the accident was on the phone.
I don't know for certain, but I doubt that an officer would bring that up whilst giving such horrendous news anyway.
I stand by the fact that it is simply pathetic to issue an FPN to somebody, who given the evidence here, was not presenting any sort of danger to another road user.0 -
[QUOTE=matttye;67735403
http://www.theaa.com/motoring_advice/legal-advice/mobile-phones.html
"It is illegal to use a mobile phone held in the hand while driving or while stopped with the engine on." Driving, yes. Stopped, not necessarily. There is as yet no case law.
http://www.rospa.com/roadsafety/adviceandinformation/driving/mobilephoneswhiledriving/factsheet.aspx
"Under existing law a person may be regarded as "driving" a vehicle while the engine is running and the vehicle is stationary. The offence applies to all motor vehicles, including motorcycles, but not apply to pedal cycles." Ditto.
http://www.justanswer.com/uk-traffic-law/4hgil-vehicle-stationary-engine-running.html
"If you are in the driver's seat of a vehicle with the engine running, then you are technically in charge of that vehicle, so the penalties that apply to using a hand held mobile device while 'driving', do apply to you. No they don't. The offence is using a phone while driving. Being "in charge" is irrelevant, except in drink-driving cases.
[/QUOTE]
See comments in bold above.0 -
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