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

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Comments

  • Johno100
    Johno100 Posts: 5,259 Forumite
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    Touching a phone that's not mechanical fixed to the vehicle would be an offence.

    Not seen any reference to 'mechanically fixed' in anything posted previously, but I'd assume a cradle is a mechanical fixing.
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    The OP previously started a thread about cyclists but insisted on ignoring or excluding cyclists from it. To them a cyclist wasn't a road user worthy of consideration.

    Well they are evidently considering them now with regards mobile phone use.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    Touching a phone that's not mechanical fixed to the vehicle would be an offence.
    No, operating a phone would be. I would not be committing an offence if, as I often do, move my phone from my jeans pocket and placing it on to the passenger seat. It's not an offence to touch your phone, it's an offence to use it.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    neilmcl wrote: »
    No, operating a phone would be. I would not be committing an offence if, as I often do, move my phone from my jeans pocket and placing it on to the passenger seat. It's not an offence to touch your phone, it's an offence to use it.

    Well read touching as operating it. Use it to play music and muting it whilst it's on the passenger seat is an offence.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Well read touching as operating it. Use it to play music and muting it whilst it's on the passenger seat is an offence.

    But not if it is fixed in a cradle. (IMO)
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    DoaM wrote: »
    But not if it is fixed in a cradle. (IMO)

    And your point there is?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well read touching as operating it. Use it to play music and muting it whilst it's on the passenger seat is an offence.
    Who said anything about playing music etc, that is clearly "using" the device. Simply moving it from one place to another, ie, "touching" your phone is not an offence.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
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    As long as the phone stays in the cradle, there is no offence of touching it.

    This is in theory true, but there are cases on pepipoo where drivers touching the phone have been interpreted as holding it. Yes you can put the officer in the dock, and some have succeeded in introducing reasonable doubt, but there is significant risk.

    So the pragmatic thing to do would be to have a system where you don't have to touch the phone. This is where steering wheel controls come in handy.
  • Rover_Driver
    Rover_Driver Posts: 1,520 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Well read touching as operating it. Use it to play music and muting it whilst it's on the passenger seat is an offence.

    Touching is not an offence, only if it is 'hand-held', not if it is laying on the seat and you are just pressing buttons.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Touching is not an offence, only if it is 'hand-held', not if it is laying on the seat and you are just pressing buttons.

    If it's on the seat it's hand held so operating it (touching buttons to skip a playlist) is using it.
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