What is proof of using a phone while driving?

What is proof of using a phone while driving?

Author
Discussion

CheesecakeRunner

3,857 posts

92 months

Monday 26th February
quotequote all
Griffith4ever said:
I got stuck behind a belligerant "peleton" of around 7 or 8 riders today on the North circular so I feel for you. I did nothing, at all, kept a huge distance, but they kept looking back at me, blocking the whole road for a while.
I got stuck behind several cars whilst out riding my bike yesterday.

But because I don’t have a small penis, I didn’t get hung up about it.

agtlaw

6,728 posts

207 months

Monday 26th February
quotequote all
NRG1976 said:
You can’t even touch a phone in a cradle, never mind holding the phone.
Wrong.

Griffith4ever

4,305 posts

36 months

Monday 26th February
quotequote all
CheesecakeRunner said:
Griffith4ever said:
I got stuck behind a belligerant "peleton" of around 7 or 8 riders today on the North circular so I feel for you. I did nothing, at all, kept a huge distance, but they kept looking back at me, blocking the whole road for a while.
I got stuck behind several cars whilst out riding my bike yesterday.

But because I don’t have a small penis, I didn’t get hung up about it.
Blimey.......

Alickadoo

1,756 posts

24 months

Monday 26th February
quotequote all
Griffith4ever said:
I got stuck behind a belligerant "peleton" of around 7 or 8 riders today on the North circular so I feel for you. I did nothing, at all, kept a huge distance, but they kept looking back at me, blocking the whole road for a while.
Blocking all three lanes? Crikey!

Griffith4ever

4,305 posts

36 months

Monday 26th February
quotequote all
Alickadoo said:
Blocking all three lanes? Crikey!
Nope - just the one - it was single lane to a roundabout. Not all of the A406 is multi lane. After hanger lane its single for a while, for example.

You honestly think cycles blocked 3 lanes? Or, was it just a chance to try and be clever? (and failing)

Edited by Griffith4ever on Monday 26th February 15:04

qwerty360

196 posts

46 months

Monday 26th February
quotequote all
Griffith4ever said:
Alickadoo said:
Blocking all three lanes? Crikey!
Nope - just the one - it was single lane to a roundabout. Not all of the A406 is multi lane. After hanger lane its single for a while, for example.

You honestly think cycles blocked 3 lanes? Or, was it just a chance to try and be clever? (and failing)

Edited by Griffith4ever on Monday 26th February 15:04
So basically the cyclists are 'belligerent' because you got stuck behind them on a narrower section of a busy road, that will widen to have 1-2 overtaking lanes within a few minutes travel, and they were doing shoulder checks to keep an eye on traffic...
(Also the cyclists should pull over if they are building up a queue, but aren't allowed to look at following traffic to see if there is a queue... Also can depend on vehicle - yes, I will check lots for someone following closely; There are also some cars whose engine noise etc means they sound a lot closer than they actually are)




I expect the OP's 'erratic' cyclist was riding legally and the horn was used because they were annoyed at having to wait for it to be safe to overtake (and that the overtake was probably also questionable...).
Arguably using the horn + vehicle to threaten the rider (force them towards kerb etc) could be assault on its own, though in absence of evidence would be unlikely to be prosecuted.

Griffith4ever

4,305 posts

36 months

Monday 26th February
quotequote all
qwerty360 said:
Griffith4ever said:
Alickadoo said:
Blocking all three lanes? Crikey!
Nope - just the one - it was single lane to a roundabout. Not all of the A406 is multi lane. After hanger lane its single for a while, for example.

You honestly think cycles blocked 3 lanes? Or, was it just a chance to try and be clever? (and failing)

Edited by Griffith4ever on Monday 26th February 15:04
So basically the cyclists are 'belligerent' because you got stuck behind them on a narrower section of a busy road, that will widen to have 1-2 overtaking lanes within a few minutes travel, and they were doing shoulder checks to keep an eye on traffic...
(Also the cyclists should pull over if they are building up a queue, but aren't allowed to look at following traffic to see if there is a queue... Also can depend on vehicle - yes, I will check lots for someone following closely; There are also some cars whose engine noise etc means they sound a lot closer than they actually are)




I expect the OP's 'erratic' cyclist was riding legally and the horn was used because they were annoyed at having to wait for it to be safe to overtake (and that the overtake was probably also questionable...).
Arguably using the horn + vehicle to threaten the rider (force them towards kerb etc) could be assault on its own, though in absence of evidence would be unlikely to be prosecuted.
No, I'd say they were "belligerant" because they clearly saw me, without doubt, and instead of thinning their group, they stuck to taking the whole lane up, "sod you" style , at around 20mph. This, I have to say, is my usualy experience of "city" cyclists.

Aretnap

1,665 posts

152 months

Monday 26th February
quotequote all
Griffith4ever said:
No, I'd say they were "belligerant" because they clearly saw me, without doubt, and instead of thinning their group, they stuck to taking the whole lane up, "sod you" style , at around 20mph. This, I have to say, is my usualy experience of "city" cyclists.
Thinning the group on a busy single carriageway is generally a bad idea. It encourages bad drivers to squeeze past half the group where there isn't really enough space, then force their way into the middle of the group when something big comes the other way (as there definitely isn't room to overtake the now elongated group safely in a single manouver).

Much safer to continue in a wider shorter group that the driver can overtake safely in a single manouver as soon as there's a proper gap in oncoming traffic, or as soon as the second lane reappears. It's not belligerance, it's basic road safety.

I'm sorry that your day was mildly inconvenienced by the fact that you weren't the only person using the road.

NRG1976

1,041 posts

11 months

Monday 26th February
quotequote all
Aretnap said:
NRG1976 said:
You can’t even touch a phone in a cradle, never mind holding the phone.
Yes you can. The legislation refers to a hand held mobile telephone or other hand held device. If it's in a cradle it's not hand held (obviously).
My bad, I had thought you couldn’t touch it at all !

NRG1976

1,041 posts

11 months

Monday 26th February
quotequote all
NRG1976 said:
Aretnap said:
NRG1976 said:
You can’t even touch a phone in a cradle, never mind holding the phone.
Yes you can. The legislation refers to a hand held mobile telephone or other hand held device. If it's in a cradle it's not hand held (obviously).
My bad, I had thought you couldn’t touch it at all !
Actually this is from Parker’s website, I’m now confused…

If your phone is attached to your car’s windscreen, dashboard or air vent, using a phone cradle, you’re not contravening any rules. Indeed, you’re doing the sensible thing, especially if you need to use your phone for navigation.

However, you are not allowed to touch your phone for any reason. If you really need to handle your phone, stop in a safe place and turn the car’s engine off. In an ideal world, your phone will be connected to the car’s Bluetooth, or you’ll use its voice controls. That way you can make and receive calls without even taking your hands off the steering wheel. If your car doesn’t have Bluetooth, you can get a receiver that plugs into your car’s stereo.



Then from carwow…

The use of the word “hold” rather than “touch” does create some ambiguity though: the law specifies that you can use the phone “hands-free” as described above, but it also says to “hold” rather than to “touch” is prohibited – indicating you may be able to tap the screen to tell your navigation app to take an alternate route, for example.

However, as this is a grey area, we can only advise caution. Plus if you are deemed to be not in proper control of your vehicle as a result of using your phone, even if it’s totally hands free, you could still be stopped and prosecuted for this offence.


Edited by NRG1976 on Monday 26th February 19:03

CoolHands

18,733 posts

196 months

Monday 26th February
quotequote all
Agtlaw is the boss and he has spoken up there ^

TheDrownedApe

1,037 posts

57 months

Monday 26th February
quotequote all
Griffith4ever said:
No, I'd say they were "belligerant" because they clearly saw me, without doubt, and instead of thinning their group, they stuck to taking the whole lane up, "sod you" style , at around 20mph. This, I have to say, is my usualy experience of "city" cyclists.
And what would you have done if they had thinned out?

Unfortunately I think we all know the answer

48k

13,174 posts

149 months

Monday 26th February
quotequote all
NRG1976 said:
NRG1976 said:
Aretnap said:
NRG1976 said:
You can’t even touch a phone in a cradle, never mind holding the phone.
Yes you can. The legislation refers to a hand held mobile telephone or other hand held device. If it's in a cradle it's not hand held (obviously).
My bad, I had thought you couldn’t touch it at all !
Actually this is from Parker’s website, I’m now confused…

If your phone is attached to your car’s windscreen, dashboard or air vent, using a phone cradle, you’re not contravening any rules. Indeed, you’re doing the sensible thing, especially if you need to use your phone for navigation.

However, you are not allowed to touch your phone for any reason. If you really need to handle your phone, stop in a safe place and turn the car’s engine off. In an ideal world, your phone will be connected to the car’s Bluetooth, or you’ll use its voice controls. That way you can make and receive calls without even taking your hands off the steering wheel. If your car doesn’t have Bluetooth, you can get a receiver that plugs into your car’s stereo.



Then from carwow…

The use of the word “hold” rather than “touch” does create some ambiguity though: the law specifies that you can use the phone “hands-free” as described above, but it also says to “hold” rather than to “touch” is prohibited – indicating you may be able to tap the screen to tell your navigation app to take an alternate route, for example.

However, as this is a grey area, we can only advise caution. Plus if you are deemed to be not in proper control of your vehicle as a result of using your phone, even if it’s totally hands free, you could still be stopped and prosecuted for this offence.


Edited by NRG1976 on Monday 26th February 19:03
This is why you don't rely on car review and sales websites to tell you what the law is, you look at the legislation itself.

NRG1976

1,041 posts

11 months

Tuesday 27th February
quotequote all
48k said:
This is why you don't rely on car review and sales websites to tell you what the law is, you look at the legislation itself.
I don’t think law is ever black and white, there is interpretation. I suspect touching your phone in a cradle falls into such greyness too.

Edited by NRG1976 on Tuesday 27th February 09:20

agtlaw

6,728 posts

207 months

Tuesday 27th February
quotequote all
NRG1976 said:
I don’t think legislation is ever black and white, there is interpretation. I suspect touching your phone in a cradle falls into such greyness too.
Wrong and you suspect wrong.

Buzz84

1,148 posts

150 months

Tuesday 27th February
quotequote all
Well from what I have observed the correct way to use a phone while driving is to:
- Put it on speaker phone
- Hold it up parallel to the ground at a distance of between 6"-12" in front of your face.
- Speak into the charger port with it on speaker...


SeekerOfTruthAndPies

266 posts

38 months

Tuesday 27th February
quotequote all
NRG1976 said:
48k said:
This is why you don't rely on car review and sales websites to tell you what the law is, you look at the legislation itself.
I don’t think law is ever black and white, there is interpretation. I suspect touching your phone in a cradle falls into such greyness too.

Edited by NRG1976 on Tuesday 27th February 09:20
An interesting tactic at Court.

pattieG

Original Poster:

196 posts

150 months

Tuesday 26th March
quotequote all
A month on from the interview and the results so far are.

NFA on the alleged assault.

No word yet on the phone side. I'm hoping a single still image of me holding a black rectangle isn't regarded as evidence of the offence but we shall see. The original question asked wasn't answered so I'll ask it again.

What is the test in court to prove the offence of using a phone whilst driving?

vonhosen

40,271 posts

218 months

Tuesday 26th March
quotequote all
pattieG said:
What is the test in court to prove the offence of using a phone whilst driving?
Having listened to/looked at the evidence the court is satisfied that you were using a handheld device whilst driving.
Using, handheld & driving.
What satisfies them nobody can say for certain, because each case rests in it's own facts.

119

6,462 posts

37 months

Tuesday 26th March
quotequote all
pattieG said:
A month on from the interview and the results so far are.

NFA on the alleged assault.

No word yet on the phone side. I'm hoping a single still image of me holding a black rectangle isn't regarded as evidence of the offence but we shall see. The original question asked wasn't answered so I'll ask it again.

What is the test in court to prove the offence of using a phone whilst driving?
Apart from the picture they have proving you were?

What else would you think they needed?