disagreement at work over using the phone while in the car, anyone know whos right?

trinidadone

After work the guys spoke about the legality of using your mobile phone while operating a car. Seems to be some confusion on when its legal. The consensus of the group suggested using a wired head set is nw illegal, while a non wire device is ok. Someone said even using your loud speaker on your mobile is now illegal.

Anyone know what the correct letter of the law is regarding using a mobile device while operating a vehicle. Whats also the convictions sanctions now, points??? fine??? imprisonment??

Johnmcl7

These are the rules for mobile phone use:

http://www.legislation.gov.uk/uksi/2003/2695/regulation/2/made

It's a bit vague but generally it's taken to mean if you have the phone in hand (regardless of whether it's in use or not), that counts as using a mobile phone. The penalty has been increased but the definition hasn't been although note that there is also a separate offence for not in proper control that can be used if they can't charge with the mobile phone offence.

unholyangel

trinidadone wrote: »

The consensus of the group suggested using a wired head set is nw illegal, while a non wire device is ok. Someone said even using your loud speaker on your mobile is now illegal.

Anyone know what the correct letter of the law is regarding using a mobile device while operating a vehicle. Whats also the convictions sanctions now, points??? fine??? imprisonment??

Also do the same rules apply if you are operating a bus, coach, lorry or motorcyclist or cycle??

As far as I remember, it must be completely handfree - if you need to touch anything to answer the call then its not handsfree.

The law applies to all drivers of motorvehicles. Its not specifically against the law for cyclists afaik but it could potentially be used to show you were cycling without due care depending on circumstances.

photome

A traffic cop told me that if you touch your phone while in the car with the engine running you are "using" your phone and therefore commiting an offence

Strider590

trinidadone wrote: »

Also do the same rules apply if you are operating a bus, coach, lorry or motorcyclist or cycle??

Here we go again.............

Fairly certain this poster has started some anti-cyclist threads in the past, I can just see where this is going.


But basically, my opinion on this is DO NOT touch your damn phone whilst on a public road!!

Norman_Castle

trinidadone wrote: »

Someone said even using your loud speaker on your mobile is now illegal.

Holding your phone almost out of site and shouting at it has always been illegal.

Rover_Driver

photome wrote: »

A traffic cop told me that if you touch your phone while in the car with the engine running you are "using" your phone and therefore commiting an offence

The offence is not using the phone, it is using a 'hand-held' phone. It is only an offence if it is actually being held while using it.

Car_54

Rover_Driver wrote: »

The offence is not using the phone, it is using a 'hand-held' phone. It is only an offence if it is actually being held while using it.

Not quite.

"a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function"

Johno100

Car_54 wrote: »

Not quite.

"a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function"

So having your phone in one of those cradles affixed to the dashboard is OK?

Carrot007

Johno100 wrote: »

So having your phone in one of those cradles affixed to the dashboard is OK?

As long as youy don't have to touch it yes. Android does well with voice commands for me.

Johno100

Strider590 wrote: »

Here we go again.............

Fairly certain this poster has started some anti-cyclist threads in the past, I can just see where this is going.


But basically, my opinion on this is DO NOT touch your damn phone whilst on a public road!!

What's anti-cyclist/cycling about what they've posted? Isn't a cyclist also a road user worthy of consideration?