Live streaming while driving

[agtlaw]

tapereel said:

I can't see why it wouldn't.

It is very simple.

If you are driving it is unlawful to USE a hand-held mobile telephone.
A hand-held mobile telephone is clearly defined in the regulations and in summary is a device that is capable of 2-way communications while held in the hand.

Some say the law is complicated becasue USE is not defined. Yes it is, here it is from Dictionary.com:
verb (used with object), used, using.
1.
to employ for some purpose; put into service; make use of:
to use a knife.
source: http://www.dictionary.com/browse/use

In full summary: If it's a mobile phone and you use it in your hand while driving you have committed the offence. Simples.

Edited by tapereel on Thursday 26th May 14:10

All good examples.

I'm driving along holding my iPhone in my left hand. The battery is dead. I scratch my left temple area with my phone. Am I "using" it?

[anonymous-user]

tapereel said:

Greg66 said:

Although if I download the Spotify tracks to my phone first, I can hold the phone to change tracks or adjust the volume.

No. If you hold the phone and change a track while driving you are using it while driving so unlawful.

Perhaps you'd like to contemplate the difference in these circs between my phone and my ipod.

tapereel said:

Greg66 said:

I can watch and listen to in car TV, or make a hands free call while the car is queuing in traffic, but I can't hold a mobile phone while queuing in traffic.

You can't watch TV

You should tell someone about that. Because lots of car manufacturers have been selling cars that display a TV image at speeds below 5mph for many years. This could be your next big bust.

tapereel said:

Other stuff

You should (a) read the regulation closely; (b) think about what it says. You've fallen into the common enforcers' trap of reading it only to say what you think it ought to mean, or what you want it to mean.

Edited by anonymous-user on Thursday 26th May 15:41

[tapereel]

agtlaw said:

tapereel said:

I can't see why it wouldn't.

It is very simple.

If you are driving it is unlawful to USE a hand-held mobile telephone.
A hand-held mobile telephone is clearly defined in the regulations and in summary is a device that is capable of 2-way communications while held in the hand.

Some say the law is complicated becasue USE is not defined. Yes it is, here it is from Dictionary.com:
verb (used with object), used, using.
1.
to employ for some purpose; put into service; make use of:
to use a knife.
source: http://www.dictionary.com/browse/use

In full summary: If it's a mobile phone and you use it in your hand while driving you have committed the offence. Simples.

Edited by tapereel on Thursday 26th May 14:10

All good examples.

I'm driving along holding my iPhone in my left hand. The battery is dead. I scratch my left temple area with my phone. Am I "using" it?

Of course you are; the word "use" in the legislation is not qualified in any way so scratching your head is using it. What interpretation would a court put on it?
In the circumstances you describe some would convict some would not I am certain but you have used a hand-held mobile never-the-less.

I wouldn't be suggesting a prosecution in those circumstances but you have used it have you not?
I am equally certain that drivers pulled over for appearing to use the telephone have said to the police, "oh my battery is dead, I'm scratching my ear". Pull the other one may be the reaction.
You never know; maybe the legislation was worded in the open way it has so it is easier to secure a conviction without having to show a call was being made by the driver; that seems reasonable to me.

[Rangeroverover]

tapereel said:

If you have the phone in your hand then it is using a mobile while driving.

If you are streaming audio and it is in a holder then it is OK. If you are streaming audio and you hold the phone then it's using the phone and is unlawful.

If it is in a holder and it is streaming video and angled towards the driver then it is unlawful as you can't have a tv in a car that the driver can watch while driving so that is unlawful.

The police don't need to try to make this unlawful because it already is.

It seems not always

Jimmy Carr cleared of using mobile while driving
Comedian Jimmy Carr was cleared of using a mobile phone while driving after his solicitor argued that he had been using his iPhone to record a joke.

[agtlaw]

Rangeroverover said:

It seems not always

Jimmy Carr cleared of using mobile while driving
Comedian Jimmy Carr was cleared of using a mobile phone while driving after his solicitor argued that he had been using his iPhone to record a joke.

Anomalous magistrates' court decision - not binding on any future case. CPS should have taken it to the High Court.

[tapereel]

Rangeroverover said:

tapereel said:

If you have the phone in your hand then it is using a mobile while driving.

If you are streaming audio and it is in a holder then it is OK. If you are streaming audio and you hold the phone then it's using the phone and is unlawful.

If it is in a holder and it is streaming video and angled towards the driver then it is unlawful as you can't have a tv in a car that the driver can watch while driving so that is unlawful.

The police don't need to try to make this unlawful because it already is.

It seems not always

Jimmy Carr cleared of using mobile while driving
Comedian Jimmy Carr was cleared of using a mobile phone while driving after his solicitor argued that he had been using his iPhone to record a joke.

Won at the magistrates by a smart solicitor tactic and poor interpretation of the law by the court. Not at all convincing and if attempted today is unlikely to succeed except as and admission of the offence.

[Rangeroverover]

This is why they should bin the "lay bench" a bunch of greengrocers albeit let by a court clerk should not have be in that position.

At least with a Stipe you get a more consistent result

[98elise]

Greg66 said:

tapereel said:

Greg66 said:

Although if I download the Spotify tracks to my phone first, I can hold the phone to change tracks or adjust the volume.

No. If you hold the phone and change a track while driving you are using it while driving so unlawful.

Perhaps you'd like to contemplate the difference in these circs between my phone and my ipod.

tapereel said:

Greg66 said:

I can watch and listen to in car TV, or make a hands free call while the car is queuing in traffic, but I can't hold a mobile phone while queuing in traffic.

You can't watch TV

You should tell someone about that. Because lots of car manufacturers have been selling cars that display a TV image at speeds below 5mph for many years. This could be your next big bust.

tapereel said:

Other stuff

You should (a) read the regulation closely; (b) think about what it says. You've fallen into the common enforcers' trap of reading it only to say what you think it ought to mean, or what you want it to mean.

Edited by Greg66 on Thursday 26th May 15:41

Surely it doesn't matter what the car CAN do? As an example manufacturers have been making cars that can exceed the speed limit for years. This isn't a problem because you are supposed to comply with the law.