using phone stuck in traffic

Minrich

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.

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

Driving is specifically described in the Road Traffic Act ..... Read it for yourselves and decide for yourselves , but the above IS driving . Perhaps arguable at court re the not moving .

Car_54

Minrich wrote: »

Driving is specifically described in the Road Traffic Act ..... Read it for yourselves and decide for yourselves , but the above IS driving .

Are you sure? Which section of the RTA?

robbies_gal

just get out then and use it

Aretnap

Car_54 wrote: »

Are you sure? Which section of the RTA?

Section 192 does have something to say about the definition of driving but it has no relevance to the question in the original post.

http://www.legislation.gov.uk/ukpga/1988/52/section/192

matttye

Aretnap wrote: »

Section 192 does have something to say about the definition of driving but it has no relevance to the question in the original post.

http://www.legislation.gov.uk/ukpga/1988/52/section/192

Right, and that definition uses the word "driving" in it so it's about as useful as a chocolate teapot.

jaydeeuk1

If you can be parked up in a motorhome in a layby, keys in your pocket, sat in the back getting bladdered and technically be done for being drunk and in control of a vehicle, I'd imagine being on the motorway using a phone would count too.

interstellaflyer

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.

However, I would imagine his car also has hands free as these days you find it all but the very basic entry level cars and commercial vehicles (even BMW's and Audi's apparently )

Back on topic, I'm sure common sense must come into it, if you are in one of those traffic jams where no-one is going anywhere because the Police have closed the motorway due to a serious accident, I'm sure the Police will (or should) have far better things to do than walk down the rows of stationary vehicles booking people for phoning there wives to tell them not to worry, they are ok, just stuck on the motorway.

brat

There is lots of case law on driving, My 'Wilkinson's' (2009 edition) highlights the following summary on "Continuing Driving", using the principles of Pinner v Everett 1969 in the case of Edwin v Knowles 1973.

Summary

1. The vehicle does not have to be in motion, there will always be a brief interval in time after the vehicle has been brought to rest and before the motorist has completed those operations necessarily connected with driving, such as applying the handbrake, switching off the ignition and securing the vehicle, during which he must be considered to be driving.
2. When a motorist stops before he has completed his journey he may still be driving; an obvious example is when he is halted at traffic lights. Each case will depend upon its own facts, but generally the following questions will be relevant.
   1. What was the purpose of the stop? If it is connected with the driving, and not for some purpose unconnected with the driving, the facts may justify a finding that the driving is continuing although the vehicle is stationary.
   2. How long was he stopped? The longer he is stopped the more difficult it becomes to regard him as still driving.
   3. Did he get out of the vehicle? If he remains in the vehicle it is some indication (although not conclusive) that he is still driving.
3. If a motorist is stopped and an appreciable time elapses, it will be a question of fact and degree whether the motorist is still to be considered as driving at that time.
4. When a motorist has arrived at the end of his journey, then subject to the brief interval referred to in head (1) above, he can no longer be regarded as driving.
5. When a motorist has been effectively prevented from or persuaded from driving he can no longer be considered to be driving.

For me, if you're stationary in a large congested queue that's going nowhere for the period, and your use of the phone is placing no-one in any risk, and you complete your call with no inconvenience or risk to any other road user, then you should not be considered for the mobile phone offence.
However, if you're in a traffic light queue or a queue at a roundabout, which may stop and start, then you should be considered for the offence.

maninthestreet

Eating a banana whilst driving is also a no-no:

http://www.dailymail.co.uk/news/article-3142114/Mother-ate-banana-wheel-stuck-gridlocked-traffic-treated-like-criminal-fined-100.html

neilmcl

jaydeeuk1 wrote: »

If you can be parked up in a motorhome in a layby, keys in your pocket, sat in the back getting bladdered and technically be done for being drunk and in control of a vehicle, I'd imagine being on the motorway using a phone would count too.

Being in charge of a vehicle and driving are 2 completely different things.