Points for using phone

oldernonethewiser

https://forums.moneysavingexpert.com/discussion/comment/82031380#Comment_82031380

It is indeed a crime

https://www.gov.uk/using-mobile-phones-when-driving-the-law

Car_54

https://forums.moneysavingexpert.com/discussion/comment/82031380#Comment_82031380

https://forums.moneysavingexpert.com/discussion/comment/82031407#Comment_82031407

Is it? The crime is "using" the phone. The law does not define using: it would be up to a court to decide whether moving a phone amounted to using it.

sheramber

Why did you need to move it while driving?

Staying in full control of your vehicle

You must stay in full control of your vehicleat all times. The police can stop you if they think you’re not in control because you’re distracted and you can be prosecuted.

https://www.gov.uk/using-mobile-phones-when-driving-the-law

oldernonethewiser

https://forums.moneysavingexpert.com/discussion/comment/82031538#Comment_82031538

Good point, the offence is "holding and using" it seems.

You could be using the phone hands free, that's allowed.

You could be picking it up to move it, that should be allowed.

Not as clear cut as I originally supposed, my apologies.

I assume the OP was stopped as the police has reason to believe the phone was being held and used. The defence would be that it wasn't being used.

Not the UK but for those who might be interested in a wee chuckle

Case dropped.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82031380#Comment_82031380

As others have asked, if you weren't using it, why did you need to move it?

I've heard people say things like "It fell off the dashboard into the footwell and I was only picking it up" to which the answer is "Leave it in the footwell until you stop driving".

Why did you need to move it at all?

QrizB

The law does not define using

Here's Regulation 110 of this C&U Regs, which I'm guessing is what the OP is accused of breaching:

https://www.legislation.gov.uk/uksi/1986/1078/regulation/110

There is a list of activities that are included in "using"; if the OP was doing any of these, they're bang to rights.

If they weren't doing any of these at the time, and they choose to go to court, it'll be up to the magistrate.

I don't think the OP has yet said what exactly the phone was being used for at the time, or why they felt they had to handle it?

Car_54

https://forums.moneysavingexpert.com/discussion/comment/82031682#Comment_82031682

It will be up to a bench of three magistrates, or a single District Judge.

Mgman1965

https://forums.moneysavingexpert.com/discussion/comment/81983820#Comment_81983820

It's been said for years cutting traffic police and relying on cameras is bad as cameras are a one trick pony and can't catch the likes of dangerous driving, phone use, drink driving etc

Frozen_up_north

”cameras are a one trick pony and can't catch the likes of dangerous driving, phone use, drink driving etc”

Cameras that take images of phones in use, and those not wearing a seat belt, have been trialled for some time and are now being installed in the UK. I was told about their use in Spain by a Spanish traffic policeman at least 2 years ago, so the technology isn’t that new.

Also be aware that speed camera van operators record images of drivers using a phone, seat belt offences and also illegal number plates.

TooManyPoints

Good point, the offence is "holding and using" it seems.

No it isn’t.

The law defines what a hand held phone or other device is:

“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;”

And it says you must not drive whilst using one. It says nothing about holding it at all.

As above, it is up to the court to decide whether or not they believe the phone was being used. The first question they might ask themselves is, if I wasn’t being used, why was the driver holding it? We’ve been told it was being moved from one place to another. So that’s the question the court must consider.