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

Car_54

photome wrote: »

Either you are wrong or the traffic cop that spoke to me is wrong

The law doesn't define "using", and so far there's been no court ruling on it. But no doubt your traffic cop knows better.

Geoff1963

A comedian got off, by his lawyer arguing that he was using it as a dictaphone
http://www.telegraph.co.uk/news/picturegalleries/howaboutthat/6350399/Jimmy-Carr-cleared-of-using-mobile-while-driving.html
"Using" doesn't say which of its functions. "Well, your Honour, I was just using the keypad to scratch my ear".
The hand-"held" aspect is important ; if not rigidly mounted, the user might need to stop it moving around.

"While operating" is another awkwardness. What if the road is blocked for several hours, or you have broken down ? An electric vehicle can be driven without the historic threshold of "the engine running".

neilmcl

photome wrote: »

Either you are wrong or the traffic cop that spoke to me is wrong

Can I ask what your purpose for "touching" your phone was?

Car_54

Geoff1963 wrote: »

A comedian got off, by his lawyer arguing that he was using it as a dictaphone
http://www.telegraph.co.uk/news/picturegalleries/howaboutthat/6350399/Jimmy-Carr-cleared-of-using-mobile-while-driving.html
"Using" doesn't say which of its functions. "Well, your Honour, I was just using the keypad to scratch my ear".
The hand-"held" aspect is important ; if not rigidly mounted, the user might need to stop it moving around.

"While operating" is another awkwardness. What if the road is blocked for several hours, or you have broken down ? An electric vehicle can be driven without the historic threshold of "the engine running".

Some might say that Carr used a very expensive high-profile lawyer to bamboozle the magistrates. Certainly there's nothing in the legislation to support his defence, and in any event the mags' perverse decision doesn't set a precedent.

Where does the phrase "While operating" come from?

Mercdriver

Huskydays wrote: »

This thread is going in all sorts of directions. Rover Driver is spot on with the legislation and getting back to the OP's questions:

The offence carries a £200 fine (£2500 if driving a bus, coach or HGV) and 6 points on your licence. If you go to court and lose, you can be fined up to £1000 (£2500 for HGV/Bus/Coach) and possibly disqualified from driving (this will also, of course, add a conviction on your criminal record).

There are no laws against using any form of headset (wired or not) and the offence, somewhat bizarrely, does not apply to cyclists.

However, using anything in your car/hgv/bus/coach/motorcycle that distracts you can get you done for driving without due care and attention. This carries an unlimited fine and the court can choose between adding 3-9 points to the licence or issuing a disqualification.
Similarly, cyclists can be done for careless cycling (£1000 fine) though I'd be intrigued to see that stats on that.

Most driving offences are unrecorded in the criminal record sense of things. Driving while using a handheld device will not show on a standard CRB check.

tho_2

I have a strong personal dislike of those cradles. I have seen people using them to watch TV. Been in a taxi where I actually had to ask the driver if he'd kindly stop with his in depth text message conversation.

How it can be considered legal to permit something that takes your eyes off the road for several seconds at a time is beyond me - even if you never touch it I fail to believe anyone who has one doesn't at least glance at it when they get a message. Sorry, rant over!

Mr.Generous

On the cycling front when I see a cyclist using a phone I think he/she is going to get hurt, when I see a driver I think he/she is going to hurt someone else.

Easy option is don't use phone while driving. If it rings or beeps wait until you are stopped to deal with it. I bet 80-90% of calls behind the wheel are trivia or important matters like checking facebook which are just plain stupid when driving a vehicle.

AdrianC

tho wrote: »

How it can be considered legal to permit something that takes your eyes off the road for several seconds at a time is beyond me

It isn't.

They call the offence "Careless Driving".

trinidadone

Mr.Generous wrote: »

On the cycling front when I see a cyclist using a phone I think he/she is going to get hurt, when I see a driver I think he/she is going to hurt someone else.

Easy option is don't use phone while driving. If it rings or beeps wait until you are stopped to deal with it. I bet 80-90% of calls behind the wheel are trivia or important matters like checking facebook which are just plain stupid when driving a vehicle.

Morning Mr Generous, I thought I would give you the heads up, that you might want to edit your message to "road user"??

Car_54

AdrianC wrote: »

It isn't.

They call the offence "Careless Driving".

Except when they call it "Dangerous driving", or even "Causing death by dangerous driving".