Using mobile phone whilst parked.

elsien

I live in an area with resident permit parking but the signs say that anyone can park for 15 minutes. So the traffic wardens take a photo of cars without permits and then if the car is still there when they come back later they issue a ticket having taken a second photo to show the time.
If where you stopped was similar, you wouldn’t be getting a ticket.

Bigphil1474

[Deleted User] said:

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.

1. There is distinction between parking and stopping as in Highway Code Rule 240 which says "You MUST NOT stop or park on...." Albeit it's the highway code, where it says MUST it is backed by law. If there's no distinction, then why say both.

2. I was basically quoting what the government says where it says it is illegal to use a hand held device while driving and here are some exceptions - https://www.gov.uk/using-mobile-phones-when-driving-the-law

"You can use a device held in your hand if:

• you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
• you’re safely parked
• you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
• you’re using the device to park your vehicle remotely"