Caught using a mobile phone whilst driving?

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thedupleman
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Caught using a mobile phone whilst driving?

#1

Post by thedupleman »

Have you been stopped by the police, given a fixed penalty notice or received a summons for an allegation of using a mobile phone while driving?

In 2007 using a mobile phone whilst driving became a criminal offence that carried points or disqualification.  Consequently the Police are ready to pull drivers over any time they believe that they are using one.

So what does the law actually say?

It is illegal to:
use your mobile phone while driving
cause or permit a driver to use a mobile phone
use a mobile phone while supervising a provisional driver

What are the penalties?
Drivers of 8 + passenger vehicles - up to £2500 fine
All other drivers - up to a £1000 fine and
3 points endorsed on your driving licence or the Magistrates have the discretion to disqualify you from driving for up to 56 days
If you are a new driver and already have 3 points on your licence then your licence would be revoked and you would have to retake your test. Retaking your test is a costly exercise. You may also need extra lessons before you felt comfortable putting in for it again
If you already have 9 or more points on your licence then you will tot up to 12 points and the Magistrates will consider disqualifying you from driving for a minimum of 6 months unless there are special reasons not to impose the points or unless a disqualification would cause exceptional hardship. If either of these arguments are applicable then you can ask then court not to ban you even if you are convicted of the offence

Use of a mobile phone while driving could even open you up to allegations of careless or dangerous driving if it impacts upon your driving ability to a sufficient extent. Which means that using your mobile in circumstances that led to the quality of your driving falling far below that expected by a reasonable and competent driver, could carry a sentence of imprisonment!
If you need your driving licence then there is a great deal at stake if you are convicted of this offence. You need the experts to help you fight the case at every stage!

What does “using” a mobile phone mean? :
Holding it at some point in order to make or receive a phone call or to perform any other interactive function. This would include texting, reading a text, using the internet or downloading photos. It would not include a function such as dictating
The law applies to other handheld devices that transmit or receive date such as a SatNav or IPod/IPad
If you want to use your mobile while driving ensure you have installed an appropriate hands free kit. You will not fall foul of this law as long as you do not have to pick up the mobile handset to operate it

What if it was an emergency?
It is a defence to show that you were calling the emergency services in response to a genuine emergency and that it would be neither safe nor practical to stop the vehicle

What if you were not using a mobile phone?
Police officers are only human and they make mistakes like anyone else. If you were not using your mobile phone then it is not fair that you should be penalised. In every case the prosecution must prove that you are guilty beyond reasonable doubt. This means if the court is unsure that you used a phone or are convinced that you didn’t, you will be found not guilty. Please don’t think that just because it is a question of a police officer’s word against yours, you will be automatically convicted!


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Re: Caught using a mobile phone whilst driving?

#2

Post by thedupleman »

To sum it up.......

What should I do if my mobile phone rings when I'm driving? 

Let it ring and return the call when safely parked. It is better to switch to voicemail before starting off.

Can I use a hand-held mobile phone when stopped in a traffic jam?

No.  Driving includes times when stopped at traffic lights or during other hold-ups.
 
Do mobile phone regulations apply to cyclists?

No. However, the police have powers to deal with careless or dangerous cycling.

Are employers guilty of an offence if their employees use a hand-held phone while driving?

The regulations apply to "anyone who causes or permits any other person" to use a hand-held mobile phone while driving.

Employers may not be liable just because they supplied a telephone or because they phoned an employee who was driving. However, employers would probably be liable if they required their employees to use a hand-held phone while driving.  They may also be liable if they failed to forbid employees to use such phones on company business.

Do I have to switch off my mobile phone when I'm in the car as a passenger or when the car is safely parked?

No. Passengers can use a mobile phone. Drivers can use them when they are parked safely.

Are there any exemptions?

Yes. There is an exemption made for calls to 999 (or 112) in genuine emergencies where it is unsafe or impractical to stop. There is also an exemption for the use of 2-way radios.

Is the use of two-way radios covered under the mobile phone legislation?
 

The use of 2-way radio equipment (unless the device can also be used as a phone) when driving is not an offence, but remember there is still a risk of distraction and prosecution under other powers.

If a device is a dual or multi purpose device that can be used both as a mobile phone and a 2-way radio, the use of the device while driving or supervising a provisional licence holder is prohibited. Use is prohibited whether the device is being used as a 2-way radio or as a mobile phone.
 
Is texting using internet access or video phones while driving an offence?
 

Yes. The use of a mobile phone or similar device for any of these activities while driving is also prohibited, if the phone (or other device) has to be held in order to operate it.

 
Can I use hands-free equipment while driving?

Provided that a phone can be operated without holding it, then hands-free equipment is not prohibited.

Pushing buttons on a phone while it is in a cradle or on the steering wheel or handlebars of a motorbike for example, is not covered by mobile phone legislation, provided you don't hold the phone.

However, hands-free phones are also distracting and you still risk prosecution for failing to have proper control of a vehicle if you use a hands-free phone when driving. If there is an incident, the use of any phone or similar device might justify charges of careless or dangerous driving.

Is using a mobile phone whilst driving an endorsable offence?

Yes. The offence is subject to a £60 fixed penalty or maximum fine of £1000 for conviction in court (maximum of £2,500 for drivers of goods vehicles or buses/coaches).

Remember, in some circumstances, for example if there has been an accident, a prosecution for careless or dangerous driving may be justified if a phone was in use at the time of the crash.

The penalties on conviction for such offences include heavy fines, endorsement, disqualification and, in serious cases, imprisonment.

Who do the new mobile phone regulations apply to?

The new regulations apply to the drivers of all motor vehicles on the road, including cars, motorcycles, goods vehicles, buses, coaches and taxis.

They also apply to anyone supervising a learner driver, while the learner driver is driving. Anyone supervising a learner driver needs to be concentrating on what the driver is doing and should not be using a mobile phone.

Am I allowed to cradle a phone between my ear and shoulder while driving? 

No. The offence applies if a phone has to be "held" while making or receiving a call. Therefore you should not hold a phone between your ear and shoulder - or anywhere else - when driving.
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Re: Caught using a mobile phone whilst driving?

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Post by Mr Tuscan »

The use of 2-way radio equipment (unless the device can also be used as a phone) when driving is not an offence, but remember there is still a risk of distraction and prosecution under other powers.

I am a two way radio user CB/Amateur Radio etc and I am always telling my friends to be careful as they all seem to think they are exempt...far from it..

Nice to see it posted in black and white, I'll get them to read it !!!
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Re: Caught using a mobile phone whilst driving?

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Post by ZS »

A note...

I was done for "driving" whilst holding a mobile phone a couple of years back... In fact I was parked up (handbrake on) within a marked bay in a train station, and had picked the phone up to say "I'm outside" to the person I was waiting for.

The police man walked from one side of the car park to the bay in which I was parked and tapped on my window, this is when he wrote out the ticket and gave me the 3 points and £60 fine.

His reasoning? My Keys were in the ignition (I was listening to music) therefore I was in control of the vehicle, or in other words "driving" the vehicle, and what I should have done was removed the keys form the ignition and vacated the drivers seat, before touching my mobile phone.
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