Legal question re mobile phones
Discussion
towman said:
Is it an offence to dial a number on a fixed mobile phone while driving? For clarity, there is a complete hands free set up in the truck with the keypad screwed to the dash.
Might depend on just how you do it. Could fall under Due Care and Attention. But then so could tuning your radio.
Does not the Regulation prohibit THE USE of a hand -held mobile phone whilst DRIVING?.
Is not dialling an integral and essential part of the use of a mobile phone?
But those words hand held means that it is hand held if it is, or must be, held at some point during the course of making or receivinga call or any other interactive communication function (sending or receiving or oral or written messages, fax, still or moving images. Punching in the numbers does not seem to offend but as stated earlier there is still proper control to fall back on.
dvd
Is not dialling an integral and essential part of the use of a mobile phone?
But those words hand held means that it is hand held if it is, or must be, held at some point during the course of making or receivinga call or any other interactive communication function (sending or receiving or oral or written messages, fax, still or moving images. Punching in the numbers does not seem to offend but as stated earlier there is still proper control to fall back on.
dvd
OK - you need to refer to the actual legislation:
The SI goes on to state:
The only exemptions are:
So ... the basic answer to your question is yes - it's illegal to dial a number while driving, even if you are using a headset or other handsfree device.
In addition, it's likely that an earpiece connected by a wire to the handset will also be illegal, even if you are using voice dialling or similar. No cases that I've seen reported yet, but if you are in some way connected to your handset, it's likely to be illegal.
If you want to read the legislation in detail, you can find it here:
www.opsi.gov.uk/si/si2003/20032695.htm
SI 2003 no 2695 said:
" Mobile telephones
110. - (1) No person shall drive a motor vehicle on a road if he is using -
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
The SI goes on to state:
SI said:
(6) For the purposes of this regulation -
(a) 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;
(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);
(c) "interactive communication function" includes the following:
(i) sending or receiving oral or written messages;
(ii) sending or receiving facsimile documents;
(iii) sending or receiving still or moving images; and
(iv) providing access to the internet;
The only exemptions are:
SI said:
(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention -
(a) he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;
(b) he is acting in response to a genuine emergency; and
(c) it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).
So ... the basic answer to your question is yes - it's illegal to dial a number while driving, even if you are using a headset or other handsfree device.
In addition, it's likely that an earpiece connected by a wire to the handset will also be illegal, even if you are using voice dialling or similar. No cases that I've seen reported yet, but if you are in some way connected to your handset, it's likely to be illegal.
If you want to read the legislation in detail, you can find it here:
www.opsi.gov.uk/si/si2003/20032695.htm
(a) 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;
If it not held then it is legal. Pushing buttons does not involve holding the phone.
But who would initiate a call whilst driving anyway, I can maybe (just) undestand taking a call on a hands free system with auto answer, but really, who on this planet is so important they have to use the phone the instant they get in there vehicle, I see it all the time, some one will leave the office and as soon as they get in the car they make a phone call whilst driving off
Like a number of silly laws that are unenforceable, the way forward is not to obey the law to the letter, but to behave in such a way as to not attract attention. My mobile has an integral speaker phone which is adequate (you have to shout a bit 
). I have it set up to answer automatically. I then reach down and hit the speaker button (can do this without looking at the handset). The chances of being caught doing this are tiny and the road safety implications are similar to looking for your favourite artic monkeys track while driving.......
It'll be a cold day in hell before I spend my time searching through legislation to see if I can do something as petty as answering the bloody phone.
Towman, apologise to sean for not being as clever as him!
Say it like you mean it!
). I have it set up to answer automatically. I then reach down and hit the speaker button (can do this without looking at the handset). The chances of being caught doing this are tiny and the road safety implications are similar to looking for your favourite artic monkeys track while driving....... It'll be a cold day in hell before I spend my time searching through legislation to see if I can do something as petty as answering the bloody phone.
Towman, apologise to sean for not being as clever as him!
Say it like you mean it!
As described, dialling the number on the phone is not an offence per se, although it can fall under Careless Driving. As pointed out earlier, this is just like tuning a radio (which is mentioned under the published CPS charging standard as an example of something which can constitute careless driving).
sean5302 said:
Well, I think most of us know.
This bloke is an idiot. A fool. Just the person that you absolutely do not want to be behind you. See his other post on the Forum.
He's got his comeuppance, and is weeping here. Do you support him?
No.
Thank you.
Sean. I can`t post in the other thread as it has been locked, but I must just make one final point.
I dont usually use a mobile when driving, especially in a truck. I tried to explain why I felt it important o answer the telephone in this instance. If you check the other thread you will see that it was because my Grandfather had just passed away and my mother (who has taken it really badly)was calling. I don`t know about you, but my mother is the most important person in my life and to be frank I couldn`t care less if I was breaking the law - her health and well-being comes first.
I noticed at the time that you compared this "emergency" to a dog crapping on the carpet. At the time, I let it go given that you obviously have some serious personality issues. However, having had time to consider your inwarranted insults I am now now of the opinion that you seem to take obvious pleasure in trying to provoke a reaction. Well old stick, it`s worked in this instance. If you would like to suggest a location, I look forward to meeting you in order that we can have a full and frank discussion as to why you feel that my family should be compared to dog`s mess.
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