using phone stuck in traffic

st999

A friend claims that even stuck in a traffic jam on the motorway with the engine off and the handbrake on that it is still illegal to use your mobile while sitting in the driver's seat.


Is this correct?

DUTR

Without handsfree ? then yes, get a handsfree unit, it's cheaper than a fine.

jackieblack

https://www.gov.uk/using-mobile-phones-when-driving-the-law

daveyjp

st999 wrote: »

A friend claims that even stuck in a traffic jam on the motorway with the engine off and the handbrake on that it is still illegal to use your mobile while sitting in the driver's seat.


Is this correct?

Moot point on the law is 'safely parked' and will depend on the attitude of the officer who may pull you and the attitude of the driver. A hands free system removes all doubt.

Car_54

Your friend may well be right. The relevant law refers to "driving", and there is as yet no case law to determine what that means in this context.

However, if you're stuck in three lanes of stationary traffic it's likely that any police officer who sees you will have more urgent things to deal with.

neilmcl

daveyjp wrote: »

Moot point on the law is 'safely parked' and will depend on the attitude of the officer who may pull you and the attitude of the driver. A hands free system removes all doubt.

"The law" makes no mention of being "safely parked", bit of an assumption by the gov.uk site tbh, just that an offence occurs if using a hand held device when driving.

kev_min

I think the OP's statement "engine off and the handbrake on" is key, no one could say you were driving under them conditions.

I would say their friend is wrong, but we all know how "unpredictable" the police can be!

facade

kev_min wrote: »

I think the OP's statement "engine off and the handbrake on" is key, no one could say you were driving under them conditions.

Apparently there are some "modern" cars that stall themselves* when the handbrake is on, then attempt to restart if you release it or touch the pedals, so I would not agree, as you are still "in control".

Maybe if the keys were out...
But I believe there are some cars that don;t need a key, just for you to have some sort of dongle on you.....


*This is marketed as a "feature". :rotfl:

DUTR

facade wrote: »

Apparently there are some "modern" cars that stall themselves* when the handbrake is on, then attempt to restart if you release it or touch the pedals, so I would not agree, as you are still "in control".

Maybe if the keys were out...
But I believe there are some cars that don;t need a key, just for you to have some sort of dongle on you.....


*This is marketed as a "feature". :rotfl:

My car is one of those modern cars with stop/start, however it is also keyless and the key is in my pocket :shhh:

But then I wouldn't chance it,it's not worth the agro.

facade

DUTR wrote: »

My car is one of those modern cars with stop/start, however it is also keyless and the key is in my pocket :shhh:

But then I wouldn't chance it,it's not worth the agro.

So sitting in the drivers seat in a stationary queue appearing to be turned off it could burst into action at any time, so as you are on a road, in the middle of a lane you are driving it AFAIK.

DUTR

facade wrote: »

So sitting in the drivers seat in a stationary queue appearing to be turned off it could burst into action at any time, so as you are on a road, in the middle of a lane you are driving it AFAIK.

I agree, that's what confuses me with some of the poss tots that want to take the chance, I have bluetooth too, so as said I would want to get into a debate with a representative of the law over the issue, the call can wait as far as I'm concerned.