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Is a mounted tablet legal for the driver?

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  • Herzlos
    Herzlos Posts: 15,951 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    RS2000. wrote: »
    No, you're not you're driving.

    You've lost me. You're still driving even if not actually moving, no?
    If it's not handheld and it's not effecting your driving what's the offence then? I don't think there is one and I therefore cannot see why a ticket could be issued.

    Because checking email/texts/facebook is going to affect your driving (no matter how much anyone protests otherwise) which would trigger either "driving without due care and attention" or whatever offence is caused by using a mobile phone. You still can't send a text from a mounted phone.

    Sure, you could maybe get away with it if you're not really using it, but if pulled over you'd have very little defence.
  • wba31
    wba31 Posts: 2,189 Forumite
    The law says while being in charge of a vehicle, not driving. That includes being at traffic lights with the handbrake on and the car in neutral. why that has to be argued i dont know. if you dont like it then hand your licence in and get a driver... Match my salary and pay for my fuel/insurance costs and ill drive you round in a black civic all day long, allowing you to check your emails to your hearts content! ill get an extra long cigarette lighter cable for you to charge the tablet on too
  • RS2000.
    RS2000. Posts: 696 Forumite
    Herzlos wrote: »
    You've lost me. You're still driving even if not actually moving, no?
    You can be yes.


    Because checking email/texts/facebook is going to affect your driving (no matter how much anyone protests otherwise) which would trigger either "driving without due care and attention" or whatever offence is caused by using a mobile phone. You still can't send a text from a mounted phone.

    Sure, you could maybe get away with it if you're not really using it, but if pulled over you'd have very little defence.

    How is it affecting your driving if you aren't moving? Where is the evidence that the standard of your driving is below everyone else sat stationary in the same queue of traffic? Careless therefore cannot apply and it's not a handheld device for a phone ticket.
  • Car_54
    Car_54 Posts: 8,892 Forumite
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    wba31 wrote: »
    The law says while being in charge of a vehicle, not driving.

    No it doesn't.

    There are 3 relevant offences: careless driving (Road Traffic Act), using a phone, and not being in proper control (both C & U regs). All three specifically refer to driving.
  • Herzlos
    Herzlos Posts: 15,951 Forumite
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    RS2000. wrote: »
    How is it affecting your driving if you aren't moving? Where is the evidence that the standard of your driving is below everyone else sat stationary in the same queue of traffic? Careless therefore cannot apply and it's not a handheld device for a phone ticket.

    Because you're not paying attention to your surroundings.

    And you wouldn't be, if you missed the traffic cop waiting to pull you over.

    Like I said, if you just tap refresh and look up at the road again, you'll probably get away with it. But if you're not going to read it at the time, why bother?

    People get ticketed for texting whilst in traffic (though not often enough), this is the same thing.

    Or do you advocate texting whilst waiting at lights too?
  • Herzlos
    Herzlos Posts: 15,951 Forumite
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    Car_54 wrote: »
    No it doesn't.

    There are 3 relevant offences: careless driving (Road Traffic Act), using a phone, and not being in proper control (both C & U regs). All three specifically refer to driving.

    And how is "driving" defined?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    RS2000. wrote: »
    How is it affecting your driving if you aren't moving? Where is the evidence that the standard of your driving is below everyone else sat stationary in the same queue of traffic? Careless therefore cannot apply and it's not a handheld device for a phone ticket.
    Unless and until you don't notice the traffic moving off. Or think it's moved off when it hasn't. Or don't notice the little old lady starting to cross between you and the car in front as it moves off. Or don't notice the cyclist leaning on your roof. Or don't notice the cyclist who's got caught on your truck having tried to squeeze through.

    http://www.westerndailypress.co.uk/Driver-Clive-Keegan-killed-cyclist-Martyn-Bamford/story-26581970-detail/story.html

    It doesn't matter what the distraction is, or even if there was one. Careless driving is the standard of driving.

    The actual device is only an issue if it is hand-held.

    It's not a very difficult concept, unless you're actively trying to muddy the waters for some reason.
  • Herzlos
    Herzlos Posts: 15,951 Forumite
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    ROSPA state the defition of driving is:
    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.
    http://www.rospa.com/road-safety/advice/drivers/distraction/mobile-phones/

    I haven't found anything in the RTA that explictly mentions it yet, but it does seem that you are still "driving" whilst waiting in traffic, which is perfectly reasonable. You'd have an uphill struggle to convince a judge otherwise.
  • RS2000.
    RS2000. Posts: 696 Forumite
    Herzlos wrote: »
    Because you're not paying attention to your surroundings.

    And you wouldn't be, if you missed the traffic cop waiting to pull you over.

    Like I said, if you just tap refresh and look up at the road again, you'll probably get away with it. But if you're not going to read it at the time, why bother?

    People get ticketed for texting whilst in traffic (though not often enough), this is the same thing.

    Or do you advocate texting whilst waiting at lights too?

    Why don't you actually look at what you're typing and stop repeating things you've wrongly read online.

    Read Section 3 of the Road Traffic Act then apply a logical arguement as to why tapping refresh is any different to changing a radio channel.
  • RS2000.
    RS2000. Posts: 696 Forumite
    Herzlos wrote: »
    ROSPA state the defition of driving is:

    http://www.rospa.com/road-safety/advice/drivers/distraction/mobile-phones/

    I haven't found anything in the RTA that explictly mentions it yet, but it does seem that you are still "driving" whilst waiting in traffic, which is perfectly reasonable. You'd have an uphill struggle to convince a judge otherwise.

    Being in control of the braking, steering and momentum of the vehicle is accepted to be driving.
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