Filmed by cyclist touching a device

jsrose

So i have been sent a charge notice by Police as a member of the public sent in footage from his dashcam - a cyclist - touching a device - not holding it - while statist traffic lights.  I can’t afford the 6 points so would appreciate any advice - am planning on pleading not guilty 

Sea_Shell

You might want to edit that title!!!!! 

jsrose

Done thanks 🤣

forgotmyname

Hope you get proper legal advice before you decide on pleading not guilty.  Fine is likely to be even higher if you goto court and lose.

If they have you on video how can you plead not guilty,  talk it through with your legal help otherwise it could cost you even more.

jsrose

Does the cyclist have to turn up to court?

poppy12345

There's video proof that you touched your phone. The law includes touching your phone when it's in a holder. Phones must be hands free.

https://www.confused.com/car-insurance/guides/mobile-phones-law-faqs

user1977

poppy12345 said:

There's video proof that you touched your phone. The law includes touching your phone when it's in a holder. Phones must be hands free.

https://www.confused.com/car-insurance/guides/mobile-phones-law-faqs

That article is an incorrect interpretation of the legislation, which actually says:

"6) For the purposes of this regulation—

(a)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 using it in a dashboard cradle etc is fine (at least for the purposes of that offence).

But as above, the OP needs to be confident that a not guilty plea will work, if they can't even afford the fixed penalty. 

ontheroad1970

user1977 said:

poppy12345 said:

There's video proof that you touched your phone. The law includes touching your phone when it's in a holder. Phones must be hands free.

https://www.confused.com/car-insurance/guides/mobile-phones-law-faqs

That article is an incorrect interpretation of the legislation, which actually says:

"6) For the purposes of this regulation—

(a)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 using it in a dashboard cradle etc is fine (at least for the purposes of that offence).

But as above, the OP needs to be confident that a not guilty plea will work, if they can't even afford the fixed penalty. 

I suspect it's the 6 points mainly that the OP doesn't want.  Perhaps they are already on 3 or 6 points...

Grey_Critic

As an aside I regularly see cyclists using a mobile phone whilst riding along

Deliveroo riders use them as a Sat Nav. The law really needs to apply to everyone.

Aretnap

Grey_Critic said:

As an aside I regularly see cyclists using a mobile phone whilst riding along

Deliveroo riders use them as a Sat Nav. The law really needs to apply to everyone.

The law does apply to everyone. Nobody is allowed to use a mobile phone while driving. Everybody is allowed to use a mobile phone while cycling (or walking, or running, or riding a horse etc etc). Who do you think it doesn't apply to?

giraffe69

Perhaps the reason drivers may be fined and given points is that mobile phones reduce their attention span, increase their reaction time etc and make accidents more likely. Not sure why this doesn't also apply to cyclists.

In regard to the offence if there is video evidence of you touching the phone whether stationary or not what will be the basis of your not guilty plea?