On phone when driving

NBLondon

Smellyonion wrote: »

Would it not be ironic if the 'member of the public' that thinks they're batman videod you from behind the wheel.

The OP says that Alicia was doing 0mph at the time. So stopped in traffic perhaps and filmed by a pedestrian?

Indout96

NBLondon wrote: »

The OP says that Alicia was doing 0mph at the time. So stopped in traffic perhaps and filmed by a pedestrian?

When I leave work every day the queue going the other way is stopped waiting for the level crossing, virtually half of them are on the phone but no one is actually moving and wont be for some time as the barriers are down for around 10 mins at that time of day.
Yes I agree its illegal but why, nobody is moving.

sevenhills

SHAFT wrote: »

If the video shows them phone in hand what defence do you suggest?

Didn't a celeb get off with the argument about checking the time? If the OP was not using it as a phone?
But careless driving would indicate it was the OPs driving manner, not mobile use.

SHAFT

sevenhills wrote: »

Didn't a celeb get off with the argument about checking the time? If the OP was not using it as a phone?
But careless driving would indicate it was the OPs driving manner, not mobile use.

Do you mean Jimmy Carr using it as a dictaphone? Maybe the OP can afford Mr Freeman but checking the time is using the phone.

unforeseen

Being stationary without due care or attention.
Or maybe be reckless immobility.

wongataa

Indout96 wrote: »

When I leave work every day the queue going the other way is stopped waiting for the level crossing, virtually half of them are on the phone but no one is actually moving and wont be for some time as the barriers are down for around 10 mins at that time of day.
Yes I agree its illegal but why, nobody is moving.

Because people looking at phones when stopped but not parked up have a tendency to not notice when they should start moving again and this can cause issues. Phones are a distraction from driving (that includes being stopped at traffic lights or a level crossing) that can be easily be prevented from being a distraction by not looking at them or using them when driving.

foxy-stoat

Maybe your car has the start/stop feature. So in a line of stationary traffic, handbrake on, engine switched off - are you driving with undue care and attention?

AdrianC

In a start-stop car, the engine isn't switched off. It's just not running. A stationary electric car would also be in the same position.

But the legal test isn't the ignition per se - it's whether you are "driving" the car. And sitting in a line of traffic with the ignition on is still driving.

https://www.cps.gov.uk/legal-guidance/road-traffic-mobile-phones

marlot

SHAFT wrote: »

Do you mean Jimmy Carr using it as a dictaphone? Maybe the OP can afford Mr Freeman but checking the time is using the phone.

The High Court says otherwise. https://www.fleetnews.co.uk/news/company-car-tax-and-legislation/2019/08/01/driving-phone-law-loophole-high-court

marlot

Alicia12 wrote: »

I’ve had a letter saying I was driving without due care/attention. It came within the 14 days and said I was going at 0mph. I didn’t know what I’d done wrong until I rang and they said a member of public videoed you on your phone. It’s stupid and I shouldn’t have even looked at. I wasnt talking to anyone I would have just picked it up and looked at the screen. They won’t allow me to see the footage unless I want it to go to court? Will I get points and loose my license or do the let you off if they think you made a genuine mistake??

Read this before you decide what to do. You may be fine.

https://www.fleetnews.co.uk/news/company-car-tax-and-legislation/2019/08/01/driving-phone-law-loophole-high-court