Using Mobile whilst parked in a car park
Discussion
Depends on the exact situation
Was the car park public or private ?
Did the car park form part of the road or other highway ?
Driving is usually deemed to be in charge of the propulsion and direction of the vehicle
So
If you were on a road in a queue of stationary traffic, engine on but handbrake engaged (eg waiting for lights to change) then 99.99 % likely to be deemed to have been driving
As i understand it the legislation is "using a hand held device" if you pick it up then you are "using" it
Was the car park public or private ?
Did the car park form part of the road or other highway ?
Driving is usually deemed to be in charge of the propulsion and direction of the vehicle
So
If you were on a road in a queue of stationary traffic, engine on but handbrake engaged (eg waiting for lights to change) then 99.99 % likely to be deemed to have been driving
As i understand it the legislation is "using a hand held device" if you pick it up then you are "using" it
Car park was a public car park but not forming part of the road etc. Completley off away from a main road!
Yes fully get if you stopped at a light etc or in traffic then it still counts but wondered if it counted parking up at a car park with handbrake on?
I mean I must have had it on for 2 seconds whilst taking phone out of cradle then turned engine off whilst using the phone. But I’m a massive over thinker and worrier haha!
Yes fully get if you stopped at a light etc or in traffic then it still counts but wondered if it counted parking up at a car park with handbrake on?
I mean I must have had it on for 2 seconds whilst taking phone out of cradle then turned engine off whilst using the phone. But I’m a massive over thinker and worrier haha!
I’m in a spot of bother myself
Was lost trying to press start on my nav on my fne at a red light when a pcso shouted off your phone, he was on the pavement on my passenger side then wrote my reg down
Hopefully I won’t get done for it but I don’t know! I’m waiting now to see if I hear owt!
I never use my fne whilst driving so I’m rly annoyed about it
Was lost trying to press start on my nav on my fne at a red light when a pcso shouted off your phone, he was on the pavement on my passenger side then wrote my reg down
Hopefully I won’t get done for it but I don’t know! I’m waiting now to see if I hear owt!
I never use my fne whilst driving so I’m rly annoyed about it
Nope’ didn’t see any police wasnt stopped! I was just wondering whether something like that would get you in trouble if somebody reported you?
I’m a overthinker when it comes to things like this! It was in a car park parked up and only took my phone out of the holder then turned my engine off! But it was more of a query whether that is wrong or whether that’s normal haha!
I’m a overthinker when it comes to things like this! It was in a car park parked up and only took my phone out of the holder then turned my engine off! But it was more of a query whether that is wrong or whether that’s normal haha!
Downward said:
Yeah it’s crazy I mean electric cars I know my heating only works when it’s turned on but I’m waiting usually on my phone or Ipad while my sons at football training for example.
Yes mine won’t work either without engine being on! So you sit at your sons football in a car park I assume with your engine running on your phone? Jessr1995 said:
Nope’ didn’t see any police wasnt stopped! I was just wondering whether something like that would get you in trouble if somebody reported you?
I’m a overthinker when it comes to things like this! It was in a car park parked up and only took my phone out of the holder then turned my engine off! But it was more of a query whether that is wrong or whether that’s normal haha!
If you are in a car park parked in a bay with the handbrake on I cant imagine even the keenest of Police Officers is going to give you a ticket for using your mobile. I’m a overthinker when it comes to things like this! It was in a car park parked up and only took my phone out of the holder then turned my engine off! But it was more of a query whether that is wrong or whether that’s normal haha!
Can't see it happening personally, contrary to some people's belief most police officers are reasonable human beings and if you're parked handbrake on etc it's unlikely you'll get a second look in. There will as always be exceptions to this because people are people, maybe you look shifty etc.
Jessr1995 said:
Hello,
With the new mobile phone law that came in last year I’m trying to figure out what’s right.
I parked up in a car park today put the handbrake on and took my phone out of the cradle mounted to windscreen as I use it for maps. I did this before turning the engine off! ( oops!)
Will I get in trouble for this!?
Thank you
No. Not on a road.With the new mobile phone law that came in last year I’m trying to figure out what’s right.
I parked up in a car park today put the handbrake on and took my phone out of the cradle mounted to windscreen as I use it for maps. I did this before turning the engine off! ( oops!)
Will I get in trouble for this!?
Thank you
dundarach said:
It's whilst driving, which includes when the engine has start/stopped and is off.
Not whilst parked, in a bay or at the side of the road and the engine is off.
Therefore if you turned off the engine and where parked - knock yourself out.
My engine wasn’t off when I took my phone out of the cradle. I then proceeded to turn my engine off straight after! But that was my worry is that I was parked with hand brake on but my engine wasn’t off! Not whilst parked, in a bay or at the side of the road and the engine is off.
Therefore if you turned off the engine and where parked - knock yourself out.
Jessr1995 said:
dundarach said:
It's whilst driving, which includes when the engine has start/stopped and is off.
Not whilst parked, in a bay or at the side of the road and the engine is off.
Therefore if you turned off the engine and where parked - knock yourself out.
My engine wasn’t off when I took my phone out of the cradle. I then proceeded to turn my engine off straight after! But that was my worry is that I was parked with hand brake on but my engine wasn’t off! Not whilst parked, in a bay or at the side of the road and the engine is off.
Therefore if you turned off the engine and where parked - knock yourself out.
edthefed said:
Depends on the exact situation
Was the car park public or private ?
Did the car park form part of the road or other highway ?
Driving is usually deemed to be in charge of the propulsion and direction of the vehicle
So
If you were on a road in a queue of stationary traffic, engine on but handbrake engaged (eg waiting for lights to change) then 99.99 % likely to be deemed to have been driving
As i understand it the legislation is "using a hand held device" if you pick it up then you are "using" it
It depends whether he was on a road. Some road traffic offences apply on "a road or other public place" but this offence only applies "on a road."Was the car park public or private ?
Did the car park form part of the road or other highway ?
Driving is usually deemed to be in charge of the propulsion and direction of the vehicle
So
If you were on a road in a queue of stationary traffic, engine on but handbrake engaged (eg waiting for lights to change) then 99.99 % likely to be deemed to have been driving
As i understand it the legislation is "using a hand held device" if you pick it up then you are "using" it
If not on a road then the offence isn't made out.
It's a very similar situation to compulsory motor insurance, before legislation was charged after Clarke v Kato and others (1998).
Holding isn't using. E.g. dead battery. Screen illuminated = using.
dundarach said:
But on private land?
Either way, I'm certain you'll be fine.
Well a private car park off nowhere near a main road etc! It’s more the fact my engine was on whilst I touched my phone. However I didn’t use my phone in a way such as make a call or text or anything I had turned it off by then. Either way, I'm certain you'll be fine.
Jazoli said:
How to people manage to get out of bed in a morning? Seriously?
Without worrying about it!? I was thinking the same.Stupidest one I heard was using ApplyPay in a McDonalds drive thru, now that's pedantic. Worrying about taking your phone out of it's cradle before turning your engine off whilst parked in a car park is another level.
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