Caught using phone while driving
Caught using phone while driving
Author
Discussion

mikeouk

Original Poster:

114 posts

205 months

Thursday 8th August 2024
quotequote all
I’ve been accused of using a mobile phone while driving.
I know 100% I wasn’t holding it because it’s always in a mount, so I can only assume I touched the screen, my own fault because I didn’t realise doing this was not allowed.
I sent back the notice of intended prosecution confirming I was the driver, and was going to ask to see the photo evidence before admitting liability, but yesterday I received the fixed penalty,and it gave me the option to do a 3 hour online awareness course for £88 instead.
It’s not worth the hassle of asking for the evidence, I’ve just booked myself on the course .
Everything I’d read before receiving the fixed penalty indicated that a course wasn’t an option with a mobile phone offence, so I’m shocked I was offered it, does anyone know if this is a new thing?
I still haven’t got a clue exactly what it was I did wrong, it occurred to me that it could even have been an image of me holding my vape, I guess I’ll never know.

loskie

6,664 posts

141 months

Thursday 8th August 2024
quotequote all
Yeah right

Puddenchucker

5,302 posts

239 months

Thursday 8th August 2024
quotequote all
mikeouk said:
I’ve been accused of using a mobile phone while driving.
I know 100% I wasn’t holding it because it’s always in a mount, so I can only assume I touched the screen, my own fault because I didn’t realise doing this was not allowed.
I sent back the notice of intended prosecution confirming I was the driver, and was going to ask to see the photo evidence before admitting liability, but yesterday I received the fixed penalty,and it gave me the option to do a 3 hour online awareness course for £88 instead.
It’s not worth the hassle of asking for the evidence, I’ve just booked myself on the course .
Everything I’d read before receiving the fixed penalty indicated that a course wasn’t an option with a mobile phone offence, so I’m shocked I was offered it, does anyone know if this is a new thing?
I still haven’t got a clue exactly what it was I did wrong, it occurred to me that it could even have been an image of me holding my vape, I guess I’ll never know.
https://www.gov.uk/using-mobile-phones-when-driving-the-law

Gov Website said:
Using devices hands-free

You can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using, for example:

a Bluetooth headset
voice command
a dashboard holder or mat
a windscreen mount
a built-in sat nav

Alex Z

1,936 posts

97 months

Thursday 8th August 2024
quotequote all
mikeouk said:
I’ve been accused of using a mobile phone while driving.
I know 100% I wasn’t holding it because it’s always in a mount, so I can only assume I touched the screen, my own fault because I didn’t realise doing this was not allowed.
I sent back the notice of intended prosecution confirming I was the driver, and was going to ask to see the photo evidence before admitting liability, but yesterday I received the fixed penalty,and it gave me the option to do a 3 hour online awareness course for £88 instead.
It’s not worth the hassle of asking for the evidence, I’ve just booked myself on the course .
Everything I’d read before receiving the fixed penalty indicated that a course wasn’t an option with a mobile phone offence, so I’m shocked I was offered it, does anyone know if this is a new thing?
I still haven’t got a clue exactly what it was I did wrong, it occurred to me that it could even have been an image of me holding my vape, I guess I’ll never know.
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...



mikeouk

Original Poster:

114 posts

205 months

Thursday 8th August 2024
quotequote all
Alex Z said:
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount

roboxm3

2,474 posts

216 months

Thursday 8th August 2024
quotequote all
mikeouk said:
Alex Z said:
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
Did you even read the link?
Holding whilst using is the offence.

Lo-Fi

1,271 posts

91 months

Thursday 8th August 2024
quotequote all
mikeouk said:
Alex Z said:
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
Nothing has been "proven". You said you "assumed" this was what it was.

Unless, maybe, there are other factors at play here? Maybe?

kambites

70,359 posts

242 months

Thursday 8th August 2024
quotequote all
Off topic but:

.gov.uk said:
The law still applies to you if you’re:
...
supervising a learner driver
...
I must admit that one had never occurred to me! Not that I've ever supervised a learner driver.

Tam_Mullen

2,633 posts

193 months

Thursday 8th August 2024
quotequote all
I'm quite confused by this.

You were offered a course for being 'caught' on your phone? I didnt think that was an option?

vaud

57,481 posts

176 months

Thursday 8th August 2024
quotequote all
kambites said:
Off topic but:

.gov.uk said:
The law still applies to you if you’re:
...
supervising a learner driver
...
I must admit that one had never occurred to me! Not that I've ever supervised a learner driver.
the alcohol and drug limits apply as well.

kambites

70,359 posts

242 months

Thursday 8th August 2024
quotequote all
vaud said:
the alcohol and drug limits apply as well.
Yeah somehow those were obvious but the phone one had never occurred to me.

Evanivitch

25,582 posts

143 months

Thursday 8th August 2024
quotequote all
mikeouk said:
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
laugh

kambites

70,359 posts

242 months

Thursday 8th August 2024
quotequote all
Evanivitch said:
mikeouk said:
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
laugh
Yeah someone certainly doesn't add up here!

BertBert

20,771 posts

232 months

Thursday 8th August 2024
quotequote all
mikeouk said:
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
No it hasn't

ThingsBehindTheSun

2,898 posts

52 months

Thursday 8th August 2024
quotequote all
Never ceases to amaze me the amount of times I look in my rear view mirror when I am in traffic or waiting at traffic lights and the person behind is looking down, clearly on their phone.

I can't comprehend the fact they can't even be off it for the time it takes to drive somewhere and they think that their phone is more important than paying attention while driving.

OMITN

2,869 posts

113 months

Thursday 8th August 2024
quotequote all
DogStewie said:
What a joke. Phone user courses now eh? What next? Red light jumper awareness course? Indicator awareness course? Why are we babying terrible drivers, instead of outright punishing them and removing them from our already over congested with muppet roads?
Phone user courses used to exist. Then they were scrapped when the offence became six points and a fine. But now there seems to be discretion applied and courses offered.

I know this because my other half had a completely brain fade moment and picked the phone up and then put it down. Idiot. Was seen doing it by an unmarked vehicle and pulled over. Was cautioned and the officer suggested she might be offered a course. I looked at what she was facing and warned her it was 6 points without any possibility of a course.

When the letter arrived just over 3 weeks later she was offered the course and will be attending it shortly.

So it seems that courses are offered..!

98elise

31,099 posts

182 months

Thursday 8th August 2024
quotequote all
mikeouk said:
Alex Z said:
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
No it's not.



oakdale

1,970 posts

223 months

Thursday 8th August 2024
quotequote all
The op could have been offered a national driver alertness course if they were driving without due care and attention due to operating the phone, even if it's in a cradle.

SpidersWeb

4,065 posts

194 months

Thursday 8th August 2024
quotequote all
Gericho said:
They also don't always work properly. My phone sat nav has gone blank many times at crucial locations and needed to be closed and reopened or the internet on/off for it to work itself out again. I can imagine a lot of people would quickly grab the phone to do that.
Sounds a pretty crappy phone if it does that regularly, perhaps time for a new and more reliable one.

As for people putting phones in cradles to use them? Good grief I can't remember the last car I had that didn't have Android Auto / Apple CarPlay.

MustangGT

13,614 posts

301 months

Thursday 8th August 2024
quotequote all
mikeouk said:
Alex Z said:
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
I do have to laugh. The link is provided proving what the legal situation is, yet the OP, or others, continue to refuse to accept it.