1st March - 6points for mobile phone use at the wheel

[Bunfighter]

pingu393 said:

Scenario:

Thousands of cars stuck in snow or motorway stopped for many hours. It's cold and engines are on to keep warm / stop batteries going flat. Plod are there, but not enforcing the law - or do they?

Did you struggle with exam questions at school?

[pingu393]

Bunfighter said:

Did you struggle with exam questions at school?

No, only the answers

[nish81]

Pip1968 said:

I was of the understanding that the keys need to be out of the ignition too for you deemed to not be driving so Stop/Start and keys out. Then you can take those life saving phone calls.

Pip

I suppose you think that if I've got into my car, turned it on, and am sending a text telling my friend when I'll arrive before I pull out of my road parking space, the act of texting in a stationary car with the engine on is risking someone's life?

edit: you also appear to be wrong based on this: https://www.gov.uk/guidance/the-highway-code/waiti... which is the link that the 'when can you use a phone while driving' page on the gov.uk site points to as the definition of parked (ie engine has to be off but nothing about keys out of ignition)

[BlackLabel]

This is an interesting scenario re using your phone to pay for things at drive-throughs.

[ashleyman]

BlackLabel said:

This is an interesting scenario re using your phone to pay for things at drive-throughs.

This is getting silly.

[pingu393]

ashleyman said:

BlackLabel said:

This is an interesting scenario re using your phone to pay for things at drive-throughs.

This is getting silly.

I wonder how many stakeouts there will be at McDonalds when donuts are on special offer .

[Actual]

How can that apply on McDonalds private property?

[agtlaw]

BlackLabel said:

This is an interesting scenario re using your phone to pay for things at drive-throughs.

Greater Manchester Police dishing out more misinformation. The offence can only be committed ON A ROAD.

[vonhosen]

Road Traffic Act said:

Road - in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes

[agtlaw]

Good effort, but you've missed the point.

[agtlaw]

vonhosen said:

Road Traffic Act said:

Road - in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes

Is McDonalds a Highway? My starting point is no.

Is McDonalds a Road? Same answer.

Is it "any other public place?" Possibly, but as mentioned on the previous page, the offence is only committed "on a road" not "a road or other public place." Don't ask me why Parliament drafted it that way, but there it is.

[vonhosen]

agtlaw said:

vonhosen said:

Road Traffic Act said:

Road - in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes

Is McDonalds a Highway? My starting point is no.

Is McDonalds a Road? Same answer.

Is it "any other public place?" Possibly, but as previously mentioned on the previous page, the offence is only committed "on a road" not "a road or other public place." Don't ask me why Parliament drafted it that way, but there it is.

Whether it amounts to a road or not surely depends on the specific layout in each case.

The fact it's on land owned or leased by McDonalds doesn't define whether it is or not.

[agtlaw]

Show me an example of any McDonalds in England that is on a road. Perhaps there is a drive-through somewhere?

Your point is weak as that's going to be the exception to the rule. I've never seen one on a road, although I don't go seeking them out.

[vonhosen]

agtlaw said:

Show me an example of any McDonalds in England that is on a road. Perhaps there is a drive-through somewhere?

Your point is weak as that's going to be the exception to the rule. I've never seen one on a road, although I don't go seeking them out.

I haven't visited them all.

I'm merely pointing out that who owns the land (which is the point I was replying to - 'How can that apply on McDonalds private property?') is irrelevant as to whether it's a road.

Whether it is a road or not depends on the individual circumstances. It may be, it may not be, but the fact it's McDonalds land doesn't determine that.

[agtlaw]

You've replied to an invisible post. I didn't mention anything about ownership. You don't have to visit them all. Show me just one example.

[vonhosen]

agtlaw said:

You've replied to an invisible post. I didn't mention anything about ownership. You don't have to visit them all. Show me just one example.

Not an invisible post, when I started typing it was the last post on the thread. When I hit the submit button it had become the last but one on the thread, so you don't need to look far to see it.

I'm not about to start trawling the web looking for examples because I don't need to for the point being made to be valid, that is that ownership of the land is not relevant. Whatever you subsequently say doesn't alter that & I didn't say you mentioned ownership of the land, 'Actual' did.

Edited by vonhosen on Saturday 11th March 20:52

[agtlaw]

No point. You won't find one.

[vonhosen]

agtlaw said:

No point. You won't find one.

Again, irrelevant.

1) The pont missed was by you, not me. You just jumped in with both feet.
2) You don't decide either, the court does on the individual facts before them & until they are presented we don't know what they are.

[agtlaw]

Point me to any case (at any level) where any court has decided that a McDonalds is on "a road." Just one will do, even a newspaper report.

Otherwise, show me an example of any McDonalds in England that you think is "on a road" and I'll give you a professional opinion on your amateur guess.

[vonhosen]

agtlaw said:

Point me to any case (at any level) where any court has decided that a McDonalds is on "a road." Just one will do, even a newspaper report.

Otherwise, show me an example of any McDonalds in England that you think is "on a road" and I'll give you a professional opinion on your amateur guess.

You repeating yourself doesn't alter the point that ownership of the land is not relevant to whether it's a road.
Your professional opinion doesn't alter it either.