Videoed by Cyclist on Phone = NIP - HELP !

[NeilRoss]

Stuck in stand still traffic i made the mistake of checking a few emails and to my surprise found a gleeful cyclist recording events, who then proceeded to take front and rear recordings of the car to capture registration details. The recording has been submitted to London Plod (over web portal) who have issued my wife with a NIP (her car but I was driving).

If Mr. Loophole is reading, can you pretty please advise pro bono ? I appreciate many will not be sympathetic.. Silly and shouldn't have been on it at all etc.. Lesson learnt.

TIA

Edited by Bazil_Brush on Thursday 4th October 17:34

[RUNAMOK]

A controversial response but it is good thing the MPS have followed this up. There are not the numbers of police to enforce this offence and with the growth of dash and helmet cams the public can help. It is fairly easy with a helmet cam to record someone on the road using their phone and the number plate. Hopefully the fear of this would reduce the amount of people looking at their phones rather than the road.

[Shuvi McTupya]

Its a good job that citizens are reporting each other for minor infractions of the law.

This can only be a good thing. Ask the Germans.

(godwins in three posts)

I guess the answer is to mount an ipad to the dashboard.

ETA: I would want to find out who my accuser was, and then discretely follow them around with a camera until i can return the favour.

Edited by Shuvi McTupya on Saturday 29th September 11:34

[matjk]

I think the law needs changing a bit on mobile phone use , using a phone sitting in a traffic jam with the hand brake on is not the same as driving at 80mph in the rush hour but the offence is seen as the same, six points for the first its way to harsh and nothing like enough for the second,
My guess for a defence ala mr loophole style would be do the photos prove you were not parked , the engine could have been off, the keys could have been in the boot , do the photos show otherwise. David B would not be getting points for this

[RUNAMOK]

You may consider it a minor infraction but it is one the government recently felt the need to increase the penalty for given the role it plays in incidents on the road.

[ClaphamGT3]

Full marks to the cyclist

Take your medicine and stop whingeing.

[Contract Killer]

RUNAMOK said:

You may consider it a minor infraction but it is one the government recently felt the need to increase the penalty for given the role it plays in incidents on the road.

So how many accidents have been caused by the use of a mobile phone while stationary?

[NeilRoss]

ClaphamGT3 said:

Full marks to the cyclist

Take your medicine and stop whingeing.

I trust you'll do the honest thing and report yourself when you creep over the speed limit in your GT3.

[Mave]

matjk said:

I think the law needs changing a bit on mobile phone use , using a phone sitting in a traffic jam with the hand brake on is not the same as driving at 80mph in the rush hour but the offence is seen as the same, six points for the first its way to harsh and nothing like enough for the second,

I think the problem is not so much the stationary looking at the phone per se, it's the lack of observation for when it's time to start moving again.

[RowntreesCabana]

Make cyclists have number plates and allow motorists to submit dash cam footage of them riding through red lights

[jamei303]

There are quite a few mp3 players etc that look very much like mobile phones. If you were using say, that iPod touch that you definitely own, rather than an iPhone, then the cyclist may have been mistaken.

[mygoldfishbowl]

RowntreesCabana said:

Make cyclists have number plates and allow motorists to submit dash cam footage of them riding through red lights

It's for this exact reason why cyclists will have to be registered at some time in the near future.

[rallye101]

If you were stationary at some lights (with ignition off and handbrake applied) you would get away with this surely?

[Bear-n]

Nope. I checked my phone at lights a few years ago.

Right next to a bloody obvious police X5. Div.

A wind-down of windows and a curteous, but clear, 'that's illegal' message conveyed

Edited by Bear-n on Saturday 29th September 13:24

Edited by Bear-n on Saturday 29th September 13:24

[Glasgowrob]

deny.

onus of proof is on them not you


at lights engine off keys out the ignition unless the video shows otherwise they cant prove a thing.

not sure on the law but is it not the case if you not guilty the cyclist WILL have to attend court and act as a witness. not many people would be up for publicly naming themselves as a witness.

as above you already have an ipod touch dont you? and you were adjusting your MP3 player not your phone(video quality and device dependant



speak to a good lawyer asap take their advice

above all keep your mouth shut dont say anything and let your lawyer deal with it. lesson i've learned is they cant use against you what you dont say or do.

[vonhosen]

matjk said:

I think the law needs changing a bit on mobile phone use , using a phone sitting in a traffic jam with the hand brake on is not the same as driving at 80mph in the rush hour but the offence is seen as the same, six points for the first its way to harsh and nothing like enough for the second,
My guess for a defence ala mr loophole style would be do the photos prove you were not parked , the engine could have been off, the keys could have been in the boot , do the photos show otherwise. David B would not be getting points for this

The cases don't have to be disposed of in the same manner or attract the same penalty.

[TwigtheWonderkid]

matjk said:

I think the law needs changing a bit on mobile phone use , using a phone sitting in a traffic jam with the hand brake on is not the same as driving at 80mph in the rush hour but the offence is seen as the same, six points

No matter what the law is, people will say the next stage up is not an issue. If the law was amended to allow you to check the phone whilst stationary, people would be saying "ffs, I was doing 2mph in heavy traffic, where's the harm." If they allowed you to use the phone up to 5mph, people will say "ffs, I was only doing 7, there needs to be some leeway".

[98elise]

TwigtheWonderkid said:

matjk said:

I think the law needs changing a bit on mobile phone use , using a phone sitting in a traffic jam with the hand brake on is not the same as driving at 80mph in the rush hour but the offence is seen as the same, six points

No matter what the law is, people will say the next stage up is not an issue. If the law was amended to allow you to check the phone whilst stationary, people would be saying "ffs, I was doing 2mph in heavy traffic, where's the harm." If they allowed you to use the phone up to 5mph, people will say "ffs, I was only doing 7, there needs to be some leeway".

There is a very obvious difference between stationary and moving.

[Pica-Pica]

NeilRoss said:

Stuck in stand still traffic i made the mistake of checking a few emails and to my surprise found a gleeful cyclist recording events, who then proceeded to take front and rear recordings of the car to capture registration details. The recording has been submitted to London Plod (over web portal) who have issued my wife with a NIP (her car but I was driving).

If Mr. Loophole is reading, can you pretty please advise pro bono ? I appreciate many will not be sympathetic.. Silly and shouldn't have been on it at all etc.. Lesson learnt.

TIA

[url]

Edited by NeilRoss on Saturday 29th September 11:25

Checking a few e-mails? Banged to rights in my book.

[HTP99]

Bear-n said:

Nope. I checked my phone at lights a few years ago.

Right next to a bloody obvious police X5. Div.

A wind-down of windows and a curteous, but clear, 'that's illegal' message conveyed

I was stuck in very slow stop start traffic by Alexandra palace a few years ago picking up my daughter after she had been to a gig there, I was on my phone whilst stationary and didn't notice the fully liveried Metropolitan Police van to my right in the opposite lane, my face must have been a picture when I looked up and saw them as both of the policemen in the van burst out laughing, one of them then just gave me "the look", I put it down and they drove on.