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

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

Author
Discussion

TwigtheWonderkid

43,248 posts

149 months

Wednesday 22nd February 2017
quotequote all
grumpyscot said:
All we need now is some police cars on the road to catch offenders.
yes The penalty is pretty much meaningless if no one thinks for a moment they will actually get caught.

elvismiggell

1,635 posts

150 months

Wednesday 22nd February 2017
quotequote all
Surrey Road Police put out a pretty useful series of tweets explaining their take on what "using" means. They clarified that they don't interpret using your phone as a satnav while in its cradle as an offence.

https://twitter.com/i/moments/833997017030545408

Their feed has some replies to user questions in it.

Dave Hedgehog

14,541 posts

203 months

Wednesday 22nd February 2017
quotequote all
elvismiggell said:
Surrey Road Police put out a pretty useful series of tweets explaining their take on what "using" means. They clarified that they don't interpret using your phone as a satnav while in its cradle as an offence.

https://twitter.com/i/moments/833997017030545408

Their feed has some replies to user questions in it.
thats confused me more ...

this seams clearer

"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"

so if you dont hold it (cradle) its fine to use

http://www.legislation.gov.uk/uksi/2003/2695/regul...

Edited by Dave Hedgehog on Wednesday 22 February 15:08

elvismiggell

1,635 posts

150 months

Wednesday 22nd February 2017
quotequote all
Dave Hedgehog said:
thats confused me more ...

this seams clearer

"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"

so if you dont hold it (cradle) its fine to use

http://www.legislation.gov.uk/uksi/2003/2695/regul...

Edited by Dave Hedgehog on Wednesday 22 February 15:08
I think their summary is harder to read than the tweets and answers as they happened.

My takeaway was;

A mobile phone in a cradle acting as a satnav is definitely fine. Tapping it with a single finger to accept a call is also fine.

If it's in your hand, it's definitely not fine.

If you're using more than a single finger, or judged to be distracted by it you're probably on dodgy ground, but they may use other legislation for that.

surveyor

17,768 posts

183 months

Wednesday 22nd February 2017
quotequote all
elvismiggell said:
Dave Hedgehog said:
thats confused me more ...

this seams clearer

"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"

so if you dont hold it (cradle) its fine to use

http://www.legislation.gov.uk/uksi/2003/2695/regul...

Edited by Dave Hedgehog on Wednesday 22 February 15:08
I think their summary is harder to read than the tweets and answers as they happened.

My takeaway was;

A mobile phone in a cradle acting as a satnav is definitely fine. Tapping it with a single finger to accept a call is also fine.

If it's in your hand, it's definitely not fine.

If you're using more than a single finger, or judged to be distracted by it you're probably on dodgy ground, but they may use other legislation for that.
Your not on dodgy ground. You are not holding the device, therefore you have not broken the mobile phone legislation.

If it affects your driving then they have other offences such as without due care and consideration etc.

caelite

4,273 posts

111 months

Wednesday 22nd February 2017
quotequote all
Stupid piece of legislation in my opinion. All it does is encourage people to attempt to conceal their phone usage, particularly van and lorry drivers, by holding the phone bellow the window line making it into an even larger distraction. Mobile phone usage should never have been split from driving without due care. At least under that offence the danger can be examined on a case by case basis and penalised accordingly. Black and white laws only breeds contempt for enforcers. The contempt is multiplied when the risk to livelihoods is increased.

Tonsko

6,299 posts

214 months

Wednesday 22nd February 2017
quotequote all
405dogvan said:
Ignoring the parrot, imagine they did make it illegal to operate your car whilst operating your car - that would be quite funny
I like the cut of your jib, mister.

Cold

15,208 posts

89 months

Wednesday 22nd February 2017
quotequote all
Have to go old(ish) skool. Although quite how I'm going to operate my iPod, camera, Tom Tom and tablet AND drive at the same time is a bit of a worry.

Bunfighter

Original Poster:

37,013 posts

210 months

Wednesday 22nd February 2017
quotequote all
Seems pretty straight forward to me. Just turn the thing off. Unless you often wait for calls from Hollywood Directors or your wife is a day away from birth.

What's soo important?

Van drivers concealing. It's obvious, the nodding head, not setting off in sync with other cars etc. Personally I think the punishment should be 9points.

stevensdrs

3,208 posts

199 months

Wednesday 22nd February 2017
quotequote all
grumpyscot said:
All we need now is some police cars on the road to catch offenders. (Seeing a police car in Scotland anywhere other than in a major city is now a rarity, and I haven't seen a traffic car for months now)
You must be in the wilderness then as I see several police cars every day if not every hour in the Central belt.

anonymous-user

53 months

Wednesday 22nd February 2017
quotequote all
PieSlayer said:
Exact same reason I don't have the radio on or carry passengers ever. It's all added distractions that could cause me to have an accident.
FFS don't say that as half of the 'tards in here will start citing it as a genuinely good idea

alock

4,224 posts

210 months

Wednesday 22nd February 2017
quotequote all
surveyor said:
Your not on dodgy ground. You are not holding the device, therefore you have not broken the mobile phone legislation.
I'm going to hang mine from a piece of string tied to my rear view mirror. As it swings backwards and forwards I can jab at it with my nose. There's no law making this illegal so it must be safe.

TwigtheWonderkid

43,248 posts

149 months

Thursday 23rd February 2017
quotequote all
alock said:
I'm going to hang mine from a piece of string tied to my rear view mirror. As it swings backwards and forwards I can jab at it with my nose. There's no law making this illegal so it must be safe.
There's no specific law, although I suspect it would fall under driving without due care and attention.

99dndd

2,079 posts

88 months

Thursday 23rd February 2017
quotequote all
I would like to see driving on a mobile treated the same as drink driving.

It's probably just as dangerous.

I reckon I could drive better with 3 pints than while sending a text.

SS2.

14,455 posts

237 months

Thursday 23rd February 2017
quotequote all
99dndd said:
I would like to see driving on a mobile treated the same as drink driving.

It's probably just as dangerous.
Is that based on actual figures or just your perception ?

agtlaw

6,680 posts

205 months

Thursday 23rd February 2017
quotequote all
I may have found a loophole.


thelawnet1

1,539 posts

154 months

Thursday 23rd February 2017
quotequote all
So you can still send texts just as long as you don't pick up the phone. That's great!

agtlaw

6,680 posts

205 months

Thursday 23rd February 2017
quotequote all
thelawnet1 said:
So you can still send texts just as long as you don't pick up the phone. That's great!
Great if you want 3 points for not being in proper control. The offence is contrary to s. 41D(a) whereas using a phone is s. 41D(b).

codenamecueball

529 posts

88 months

Thursday 23rd February 2017
quotequote all
The phone in a cradle thing will need a test case before we know for certain.

Mainly because I don't even think the police know what is and isn't okay, just the cut and dry offence of holding a phone is now even more serious.

ukaskew

10,642 posts

220 months

Thursday 23rd February 2017
quotequote all
Bunfighter said:
The points covers holding or using your phone for any reason.
Interesting, effectively ends Waze being a useful satnav.