using phone stuck in traffic

poppasmurf_bewdley

Darth_Vader wrote: »

You said.





You need a driving licence to supervise.

I also say: When in a hole, stop digging!

Car_54

prowla wrote: »

OK...
2. If you are in said hypothetical situation, with engine off and handbrake on (and the auto-start won't work with the handbrake on), then you are parked.

No, you aren't parked. That would be an offence. You have stopped in an emergency (Highway Code Rule 270).

Whether you're still "driving" in the context of the mobile phone offence is one for the courts.

prowla

Car_54 wrote: »

No, you aren't parked. That would be an offence. You have stopped in an emergency (Highway Code Rule 270).

Whether you're still "driving" in the context of the mobile phone offence is one for the courts.

How would it be an offence? (Or rather, what is the difference between stopped with engine off & handbrake on vs. parking in the given scenario?)

Of course, to be parked, you have to be stopped...

Car_54

prowla wrote: »

How would it be an offence? (Or rather, what is the difference between stopped with engine off & handbrake on vs. parking in the given scenario?)

Of course, to be parked, you have to be stopped...

OK. Apart from breakdowns and emergencies, it's permissible to stop on the carriageway only if you're "prevented from proceeding along the carriageway by any other vehicle or person or object". Stopping for any other reason is an offence (Motorways Traffic Regs 1982, section 7).

"Parking" isn't defined in law (AFAIK) but it's generally a voluntary act, where there is no immediate intention of proceeding.

neilmcl

prowla wrote: »

2. If you are in said hypothetical situation, with engine off and handbrake on (and the auto-start won't work with the handbrake on), then you are parked.

Sorry, but that's not correct.

esmerobbo

Slightly off topic but I just wish the mobile had an app that told them the light had gone green or the queue was moving so they move off instead of texting!

prowla

Car_54 wrote: »

OK. Apart from breakdowns and emergencies, it's permissible to stop on the carriageway only if you're "prevented from proceeding along the carriageway by any other vehicle or person or object". Stopping for any other reason is an offence (Motorways Traffic Regs 1982, section 7).

"Parking" isn't defined in law (AFAIK) but it's generally a voluntary act, where there is no immediate intention of proceeding.

I know it's wordology, but being stopped in the same place for an extended period because the entire road is blocked is darned difficult to distinguish from being parked.

I was once on a motorway which was closed for 4 hours; we got out of the car and walked up a bank to have a look around, walked back to the services and got drinks & went to the loo. I'd say we were parked.

Car_54

prowla wrote: »

I know it's wordology, but being stopped in the same place for an extended period because the entire road is blocked is darned difficult to distinguish from being parked.

I was once on a motorway which was closed for 4 hours; we got out of the car and walked up a bank to have a look around, walked back to the services and got drinks & went to the loo. I'd say we were parked.

Would you say that if a policeman were about to charge you with parking on the motorway? I suspect not: you'd say you were "prevented from proceeding along the carriageway by any other vehicle or person or objec", or something to that effect.

prowla

Car_54 wrote: »

Would you say that if a policeman were about to charge you with parking on the motorway? I suspect not: you'd say you were "prevented from proceeding along the carriageway by any other vehicle or person or objec", or something to that effect.

I would say that the circumstance dictated that I had to park, and that he would need to get a couple more notebooks if he was going to book everybody there who had done likewise.

I'd like to think that the police had better things to do with their time, however...

Car_54

prowla wrote: »

I would say that the circumstance dictated that I had to park, and that he would need to get a couple more notebooks if he was going to book everybody there who had done likewise.

I'd like to think that the police had better things to do with their time, however...

I'd agree with that!

However, our hypothetical copper doesn't need more notebooks. If he only books you, whether others were committing the same offence is irrelevant.