The downside to the Mobile Phone ban.
Discussion
As much as I agree with the mobile phone ban, I have noticed an unfortunate downside - when their phones ring, people just stop. Anywhere. On corners, or on pavements, i've even seen cars completely blocking roads. Salisbury town centre was brought to a standstill a few weeks ago when a car driver stopped on a single lane, one way street, to answer their mobile. Nobody could overtake her, and she didn't bother to pull into a space. Aside from this annoyance, i've seen people stop in almost suicidal places - i've rounded blind bends to find people stopped, left indicator flashing, merrily chatting on their telephones. Its completely crazy, but indicative of the completely carefree, responsibility-devoid attitude that many have for driving.
Madness.
Madness.
AFAIK, it is still an offence for the driver to use a hand-held 'phone even when stationary on the road, at the roadside (e.g. layby) and even when parked (provided they are sitting in the driver's seat) in a public place. The 
s / 
s here will either agree or correct me.
Streaky
>> Edited by streaky on Wednesday 23 February 14:21
s / s here will either agree or correct me. Streaky
>> Edited by streaky on Wednesday 23 February 14:21
Technically speaking Streaky you are right.
The offence is using whilst "driving".
Cases in the past have centered "driving" with movement but in DPP v Alderton 2004, whilst dealing with an appeal that a wheel spinner was not driving in an OPL case came up with two questions:
Was defendant in a position to direct movement of vehicle?
Held - fact vehicle not moving did not prevent control of movement.
Did activities fall within the ordinary meaning of the word drive?
Held - Yes, as driving included circumstances where an individual was making sure vehicle did not move forward.
Now i would suggest that those that stop to prevent any argument switch off the ignition.
DVD
The offence is using whilst "driving".
Cases in the past have centered "driving" with movement but in DPP v Alderton 2004, whilst dealing with an appeal that a wheel spinner was not driving in an OPL case came up with two questions:
Was defendant in a position to direct movement of vehicle?
Held - fact vehicle not moving did not prevent control of movement.
Did activities fall within the ordinary meaning of the word drive?
Held - Yes, as driving included circumstances where an individual was making sure vehicle did not move forward.
Now i would suggest that those that stop to prevent any argument switch off the ignition.
DVD
streaky said:
AFAIK, it is still an offence for the driver to use a hand-held 'phone even when stationary on the road, at the roadside (e.g. layby) and even when parked (provided they are sitting in the driver's seat) in a public place. The
Streaky
>> Edited by streaky on Wednesday 23 February 14:21
Engine running...in the course of 'driving'. (see legal definition of driving)
Driving can be waiting at traffic lights, parked at the side of the road with keys in ignition, freewheeling down a road with no engine on..etc etc..
However, you'd be very very unlucky to get a ticket for parking at the side of the road to make a phone call and contested at court, would probably be thrown out. (don't think CPS would actually run it, to be honest)
Dwight VanDriver said:
Now i would suggest that those that stop to prevent any argument switch off the ignition.
Now whilst the FiF Company vehicle is fully sorted with hands free device Mrs FiF's wheels not so equipped.
If needed to answer a call assuming there is suitable place to stop, not only do I stop engine but remove keys from ignition, then there can be no argument.
Mind you this morning was subject to a suicidal overtake by a wart in an Alfa 156. He'd been seen nice and early on in his trajectory so his bacon was saved without him knowing. Of course he was on a hand held, and as we slid in behind him also noticed that his off side rear was deflating fairly quickly.
Now the moral dilemma was, how long to let him drive on the flat? Stop him immediately or wait until the rubber was well and truly shagged?
. 
gh0st said:
Streetcop said:
don't think CPS would actually run it, to be honest
I admire your faith.
No they only tend to go for apple eaters...
Which is probably why you do not see any phones that look like apples, as you would get caught immediately by the apple cameras, or should that be ipods
A classic example of how bringing in a new law without enough thought can end up causing more harm than good. We had driving with undue care and attention and careless driving to prevent people driving dangerously, now we have an unnecessary law that causes people to drive dangerously, nuts
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