Using mobile phone whilst parked.

Car_54

Grey_Critic said:

As for using a mobile what do the rules say. Do they differentiate between keys in ignition or not. Stopping and using phone with engine running IS an offence.

The "rules" simply say that using a hand-held mobile phone while driving is an offence. They don't define what is or is not "driving",
AFAIK there is no case law so far to determine whether using while parked - with or without keys in ignition or the engine running - is a crime.

TooManyPoints

As for using a mobile what do the rules say. Do they differentiate between keys in ignition or not. Stopping and using phone with engine running IS an offence.

The law is silent on such detail (as it often is). It simply says it is an offence to use a mobile phone whilst driving. If the defendant argues that he was not "driving" it would be for a court to decide the issue.

Bigphil1474

Grey - not necessarily. IME traffic wardens will give a grace period on time limited parking, or as above, if you are in the vehicle, ask you to move on. I don't what it is legally, but there will be a difference between being parked, and stopped, in a permit zone. The offence would be parking where you aren't allowed to park, so stopping would be different. 

The only relevant rule I can find about using a phone in a car, is that you can use your phone whilst 'safely parked'. Doesn't say specifically what that means, but clearly stopped in traffic etc. isn't parked so is an offence as you say. I would argue that you are safely parked if you are in a parking spot, handbrake on, even if the engine is running.

In theory, if you get a parking ticket whilst using your phone, the parking ticket would be your defence against any ticket you may get from the police for using your phone?

Car_54

Bigphil1474 said:

Grey - not necessarily. IME traffic wardens will give a grace period on time limited parking, or as above, if you are in the vehicle, ask you to move on. I don't what it is legally, but there will be a difference between being parked, and stopped, in a permit zone. The offence would be parking where you aren't allowed to park, so stopping would be different. 

The only relevant rule I can find about using a phone in a car, is that you can use your phone whilst 'safely parked'. Doesn't say specifically what that means, but clearly stopped in traffic etc. isn't parked so is an offence as you say. I would argue that you are safely parked if you are in a parking spot, handbrake on, even if the engine is running.

In theory, if you get a parking ticket whilst using your phone, the parking ticket would be your defence against any ticket you may get from the police for using your phone?

!. AFAIK there is no distinction between being 'parked' and 'stopped'. With yellow lines it is very clear - the meaning is 'no waiting' rather than 'no parking'.

2. There is no rule about phone use when 'safely parked'. There is guidance, but that is not the law. As explained in several posts above, the law simply refers to 'driving', and , as yet, that has not been defined.

Sea_Shell

An edge case could be ...

You'd "parked" and were making a phone call, but hadn't applied the handbrake properly, didn't notice (as you're distracted by your phone) and you rolled into something or someone.

Are you then "driving" ? 😉

Herzlos

Sea_Shell said:

An edge case could be ...

You'd "parked" and were making a phone call, but hadn't applied the handbrake properly, didn't notice (as you're distracted by your phone) and you rolled into something or someone.

Are you then "driving" ? 😉

You certainly wouldn't be "safely parked". I think if you were in a car that was moving you'd have a near impossible time proving you weren't driving.

This is all a tangent anyway; the issue is being stopped in a residents bay, and the outcome will depend on whether an invoice is issued and who it came from. You may be able to appeal it under various grounds depending on the details and the signage.

[Deleted User]

The grace period is so you can go and read signs etc. If there were yellow lines it wouldn't apply.

baser999

Grey_Critic said:

Not so sure about this - the warden issues a ticket at a *moment in time* He does not stand there waiting for you to move claiming that on such a date between the hours of. Simply that on X date at X time the vehicle was obseved parking in such a spot.

As for using a mobile what do the rules say. Do they differentiate between keys in ignition or not. Stopping and using phone with engine running IS an offence.

Recently parked up in a small remote coastal car park and went and sat on a nearby bench to take some pills. Within minutes a parking team had arrived and was just going to ticket me so explained why I’d stopped; he said I should strictly buy a ticket but as I’d only be there a few minutes would turn a blind eye. 

Petriix

There's always a grace period for parking tickets. It's different for police tickets for things like causing an obstruction or stopping on a clearway but, for being parked in a zone without a permit, they would indeed make multiple observations over a few minutes.

binao

Locally, a warden parking ticket would be issued and attached to the windscreen even whilst you where sitting in the car.

You may be in the clear.