Points for using phone

textbook

Was accused of using/holding phone while driving. 6 points and £200. Not speaking on phone but having in hand.

What is legal?

Drinking tea while driving?

Leaning over touching phone while phone in cradle?

How do u set up music or phone usage without holding phone?

Anyway to get points reduced?

QrizB

Was accused of using/holding phone while driving. 6 points and £200.

Holding a mobile phone while driving is illegal. Has been for years now.

https://www.rac.co.uk/drive/advice/legal/mobile-phone-laws/

Nasqueron

https://forums.moneysavingexpert.com/discussion/6666530/points-for-using-phone

The law is clear

It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.

This means you must not use a device in your hand for any reason, whether online or offline.

For example, you must not text, make calls, take photos or videos, or browse the web.

The law still applies to you if you’re:

• stopped at traffic lights
• queuing in traffic
• supervising a learner driver
• driving a car that turns off the engine when you stop moving
• holding and using a device that’s offline or in flight mode

Using devices hands-free

You can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using, for example:

• a Bluetooth headset
• voice command
• a dashboard holder or mat
• a windscreen mount
• a built-in sat nav

With your other questions

Drinking tea - yes if the police considered you to be distracted by it

Touching the phone in the cradle - if only touching e.g. to accept a diversion on a phone as Satnav is ok

How do you setup music or usage - set it up before you go or while stopped, parked and engine fully off. Or use voice commands.

If you are reported for the offence you get the points given, it's not a negotiation. Consider it a lesson and good that you were merely seen to do it and didn't run someone over while looking at your phone.

born_again

https://forums.moneysavingexpert.com/discussion/6666530/points-for-using-phone

No, it’s not illegal to eat while driving.

However, if you get distracted while snacking behind the wheel, the police could prosecute you for careless driving if they consider you to not be in proper control of the vehicle, an offence which carries an on-the-spot fine of £100 and three penalty points.

If you want to set up music on your phone. Then stop & do it. 🤷‍♀️👍

paul_c123

Drinking tea; or using the phone while in a cradle, could be punished but it would need to be under the more generic "driving without due care and attention". They created a specific offence of using a phone while driving to make it easier to successfully prosecute those who do so.

Typically I set up Apple Carplay, then everything which needs to be done while driving, can be done using the car's touch screen, which is legal (a few things can be done with voice command). Obviously a big touch screen is much easier to use in a moving car than the phone's screen. There is still the possibility of being done for "driving without due care and attention" if you were, of course.

MyRealNameToo

After the mobile ban came in a former motor insurance employer commissioned a study that showed that plenty of other tasks (eating, drinking, putting make up on) were also very distracting and people in the study performed much worse in hazard avoidance tests than when doing nothing else. Inevitably the company did some PR off the back of the study.

A person, declaring themselves a retired driving instructor with 40 years driving experience complained multiple times that the study was rubbish and he was just as good at driving whilst drinking from a can etc as he was with both hands on the wheel. I know he tried to take it the Financial Ombudsman but never heard the outcome of that.

In theory an appropriate offence already existed before the ban but the burden of proof was higher as the cop had to show you were actually distracted / not paying due care etc. Given the proliferation of car tech at the time our glorious politicians decided a stricter offence was required which simply needed you to be handling the phone rather than the police having to prove the handling was causing a distraction was needed.

facade

Unfortunately, the legislation was made clearer, it used to be along the lines of "use for interactive communications", but now it is just "using".

What was happening was a significant number of people were arguing that they weren't "using" the phone, only holding it, or the 'phone wasn't online etc., costing me money in Court costs & Police time, so the Law was made simpler.

It seems unfair in many cases, when it is supposed to be about stopping people crashing because they are distracted and people are in a position where a distraction doesn't matter e.g. stopped in a traffic jam, but The Law is The Law.

Unfortunately, it has made next to no difference, I see drivers blatantly on their 'phones every day. Maybe we need to move from "enforcement by camera & post" to "real live Police stopping drivers".

TadleyBaggie

There have been cases of people drinking/eating/whatever that have been found guilty of not being in proper charge of the vehicle. So being prosecuted for holding a phone is not outrageous.

itsthelittlethings

Setting up music on your phone while driving is illegal because it's dangerous. I don't know what your defence is.

IOWJJBTM2025

A couple of years ago I was driving on the M3 when I saw smoke in front of me and hazard warning lights in front of me. I was concentrating on driving and was able to react immediately and stop to avoid hitting the car that was heavily braking in front of me.

As I slowly crawled forwards into the 3rd lane, I saw that a van that had just crashed at speed into the back of a stationary broken down lorry in the 1st lane. The person that was driving the van was visible and not good. Life can change so quickly!

My immediate thought was if I had been in a different lane, going faster a few seconds earlier and not concentrating it could have been me.

I assumed that it was fatal as I looked on the traffic map 15 hours later when I was at home and the M3 was still closed with tailbacks onto the M25.

From this experience I made a decision to give 100% concentration at all times on driving, not because I might get some points or a fine, but because of the safety for myself and everyone around me.

I do not eat sandwiches, have a drink, play with a sat nav, load new music into the CD player. Also, if I have passengers I do not get involved in conversations with them.

If I need to have a drink, alter the sat nav I stop at the services or a layby.

On another point when I phone anyone and they answer telling me that they are hands free driving in the car, I always say to phone me when they stop and hang up immediately.

As part of my work we have monthly meetings and it is often opened up for someone to volunteer for a Health & Safety Moment at the start of the meeting. Usually everyone looks blankly at each other but I have previously given the above experience and asked everyone as a conclusion to concentrate on driving at all times. It was very well received. We can all get complacent but it only takes a fraction of a second for our worlds to change, especially when travelling at 70mph.

However, if a person is stuck in a traffic jam with the handbrake on and have been stationary for a few minutes I do agree that people getting prosecuted in these circumstances for touching their phone is a bit unfair.

I understand that there are cameras now that are watching for speeders that can also send fines for not wearing seatbelt or using mobile phones.

Car_54

https://forums.moneysavingexpert.com/discussion/comment/81983780#Comment_81983780

There are no "on-the-spot fines" in the UK. If the police pursue it, the driver will be offered the options of a fixed penalty, a course (if he is eligible, and the alleged offence was in England or Wales), or to be prosecuted in court.