On phone when driving

AdrianC

'course, if the pending prosecution IS for CD10 rather than CU80, it's moot.

Does the OP wish to go to court to try to prove "the way he (drove) falls below what would be expected of a competent and careful driver" doesn't apply? Good luck.

sevenhills

marlot wrote: »

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

In my job I use a mobile phone as a device which needs pressing every time I get to my destination and just before I leave. An app is installed on the phone for that perpose.

AdrianC

sevenhills wrote: »

In my job I use a mobile phone as a device which needs pressing every time I get to my destination and just before I leave. An app is installed on the phone for that perpose.

While parked...?
Is it handheld, or is there a dash mount?

DoaM

sevenhills wrote: »

In my job I use a mobile phone as a device which needs pressing every time I get to my destination and just before I leave. An app is installed on the phone for that perpose.

Private hire taxi driver?

TooManyPoints

I’ve had a letter saying I was driving without due care/attention.

Perhaps I should try again: how did they know it was you driving?

Maybe the OP can afford Mr Freeman but checking the time is using the phone.

It may be using the phone but that does not fall foul of the mobile phone legislation. The High Court said this recently, when concluding the case of Ramsey Barreto:

It would have been much better to have drafted legislation which was less cumbersome but its effect is clear. The legislation does not prohibit all use of a mobile phone held while driving. It prohibits driving while using a mobile phone or other device for calls and other interactive communication (and holding it at some stage during that process). I do not accept Mr Mably’s submission that this interpretation is incoherent. On the contrary it coincides with and reflects the purpose of the legislation.

]Mr Barreto was using his phone to take a film of an accident whilst driving by. He was convicted in the Magistrates' Court, lost his appeal in the Crown Court and so took a "case stated" to the High Court. The full ruling is here:

https://www.judiciary.uk/wp-content/uploads/2019/07/19-07-31-DPP-v-Barreto-Ref.-CO2702019-Judgment.pdf

and it provides a useful insight into the High Court's interpretation of the mobile phone legislation.

All a bit academic as it seems the OP was not accused of a mobile phone offence (as far as we know).

Bigphil1474

The OP isn't been done for using a mobile phone as she can't be unless they can prove she was using it for communication. She's been done for driving without due care and attention, which is an easier way for the police to prosecute for using a mobile phone (whether for communication or otherwise). Bit surprised that they won't share the footage of the alleged offense especially as they can't know who the driver is. Having said that, does sound like the OP needs to provide a bit more info.

Car_54

Bigphil1474 wrote: »

Bit surprised that they won't share the footage of the alleged offense especially as they can't know who the driver is. Having said that, does sound like the OP needs to provide a bit more info.

If the OP had asked for footage "to help identify the driver", rather than demanding evidence, then they might have obliged

Herzlos

AdrianC wrote: »

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 how do you prove which it is from outside the vehicle?


I suspect the real story here is that they've stopped somewhere inappropriate to check their phone, for long and inconvenient enough a time for a pedestrian to record it, and not moving is a large part of the problem.


I see cars seemingly abandoned every other day as they just stop dead to answer their phone, thinking it's alright because they aren't moving.

verityboo

Drivers aren't even safe on a ferry

https://www.cornwalllive.com/news/cornwall-news/police-carry-out-sting-torpoint-3128014

NBLondon

verityboo wrote: »

Drivers aren't even safe on a ferry

https://www.cornwalllive.com/news/cornwall-news/police-carry-out-sting-torpoint-3128014

Sounds a bit like a revenue-raising exercise there.... Maybe the approach is a highway but not the actual ferry, surely? (local byelaw may apply). Mind you - if you are on the ferry - shouldn't you have the engine off?