Bluetooth headsets legal?
Bluetooth headsets legal?
Author
Discussion

spartacus

Original Poster:

2,878 posts

300 months

Tuesday 20th February 2007
quotequote all
With the new mobile phone legislation coming this month are the above legal?

vonhosen

40,597 posts

247 months

Tuesday 20th February 2007
quotequote all
spartacus said:
With the new mobile phone legislation coming this month are the above legal?


It's not new legislation, it's new penalties.

Bing o

15,184 posts

249 months

Tuesday 20th February 2007
quotequote all
would you be allowed to operate 2 tonnes of factory machinery whilst simultaneously discussing something with a colleague/friend/family member on a phone, handsfree or otherwise?

justinp1

13,363 posts

260 months

Tuesday 20th February 2007
quotequote all
Bing o said:
would you be allowed to operate 2 tonnes of factory machinery whilst simultaneously discussing something with a colleague/friend/family member on a phone, handsfree or otherwise?


Depends who your boss is!?

And also whether whils operating the heavy machinery you could hear them anyway!

Seriously though, workplace issues are covered by regulations, and negligence etc is more of a grey area whilst holding a phone whilst driving is legally a lot more black an white.

seesure

1,230 posts

269 months

Tuesday 20th February 2007
quotequote all
I believe the headsets are legal, but the phone must be in a cradle/secured and not lying on the passenger seat etc. Correct me if I'm wrong on this.

streaky

19,311 posts

279 months

Tuesday 20th February 2007
quotequote all
seesure said:
I believe the headsets are legal, but the phone must be in a cradle/secured and not lying on the passenger seat etc. Correct me if I'm wrong on this.
It doesn't matter where the 'phone is. The law merely says you cannot hold the 'phone to use it - Streaky

tvrgit

8,490 posts

282 months

Tuesday 20th February 2007
quotequote all
streaky said:
seesure said:
I believe the headsets are legal, but the phone must be in a cradle/secured and not lying on the passenger seat etc. Correct me if I'm wrong on this.
It doesn't matter where the 'phone is. The law merely says you cannot hold the 'phone to use it - Streaky

Which rules out using a headset, if you have to pick up the phone to dial / answer?

vonhosen

40,597 posts

247 months

Tuesday 20th February 2007
quotequote all
tvrgit said:
streaky said:
seesure said:
I believe the headsets are legal, but the phone must be in a cradle/secured and not lying on the passenger seat etc. Correct me if I'm wrong on this.
It doesn't matter where the 'phone is. The law merely says you cannot hold the 'phone to use it - Streaky

Which rules out using a headset, if you have to pick up the phone to dial / answer?


Most bluetooth headsets you can answer without touching the phone can't you ? confused

Einion Yrth

19,575 posts

274 months

Tuesday 20th February 2007
quotequote all
vonhosen said:
tvrgit said:
streaky said:
seesure said:
I believe the headsets are legal, but the phone must be in a cradle/secured and not lying on the passenger seat etc. Correct me if I'm wrong on this.
It doesn't matter where the 'phone is. The law merely says you cannot hold the 'phone to use it - Streaky

Which rules out using a headset, if you have to pick up the phone to dial / answer?


Most bluetooth headsets you can answer without touching the phone can't you ? confused

Depends on the phone. With my combo I can answer by pressing a button on the headset, or make a call by pressing the button and saying the voice tag attached to a number. Perhaps others are not so well endowed (oooer).

tvrgit

8,490 posts

282 months

Tuesday 20th February 2007
quotequote all
Sorry, I don't know, I was asking a question not making a statement. I was asking IF you have to pick up the phone to call / answer then would that be legal.

I had bluetooth hands-free in the last car - answering the phone was ok but the voice tags never worked, I had to pick up the phone and dial - I'm getting a better bluetooth with built-in phone book this time, mainly so that I don't get nicked while dialling.

TPS

1,860 posts

243 months

Tuesday 20th February 2007
quotequote all
If you have to pick up the phone to answer or end a call then you are comitting an offence.

flemke

23,506 posts

267 months

Tuesday 20th February 2007
quotequote all
vonhosen said:
tvrgit said:
streaky said:
seesure said:
I believe the headsets are legal, but the phone must be in a cradle/secured and not lying on the passenger seat etc. Correct me if I'm wrong on this.
It doesn't matter where the 'phone is. The law merely says you cannot hold the 'phone to use it - Streaky

Which rules out using a headset, if you have to pick up the phone to dial / answer?


Most bluetooth headsets you can answer without touching the phone can't you ? confused

Is the crux whether you touch it, or whether you hold it?

Also, suppose you use the hand-held device that contains your phone to take a photo or to check the time? Would those acts be barred?

Mattt

16,664 posts

248 months

Tuesday 20th February 2007
quotequote all
TPS said:
If you have to pick up the phone to answer or end a call then you are comitting an offence.


I agree with the general principle, however I hope this bit would be overlooked by the BiB subject to it being done safely.

There are far greater distractions than just pressing one button!

TPS

1,860 posts

243 months

Tuesday 20th February 2007
quotequote all
As far as i understand it if you pick your phone up while driving you are comitting an offence,be it to answer a call take a photo or check the time.At the end of the day whatever you do you are not concentrating fully on your driving.The only exemption is if you are making a emergancy call ie 999.

vonhosen

40,597 posts

247 months

Tuesday 20th February 2007
quotequote all
flemke said:
vonhosen said:
tvrgit said:
streaky said:
seesure said:
I believe the headsets are legal, but the phone must be in a cradle/secured and not lying on the passenger seat etc. Correct me if I'm wrong on this.
It doesn't matter where the 'phone is. The law merely says you cannot hold the 'phone to use it - Streaky

Which rules out using a headset, if you have to pick up the phone to dial / answer?


Most bluetooth headsets you can answer without touching the phone can't you ? confused

Is the crux whether you touch it, or whether you hold it?

Also, suppose you use the hand-held device that contains your phone to take a photo or to check the time? Would those acts be barred?



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.

tvrgit

8,490 posts

282 months

Tuesday 20th February 2007
quotequote all
TPS said:
If you have to pick up the phone to answer or end a call then you are comitting an offence.

Aye but are you committing the offence only when answering or ending a call, or does the use of a device that requires that, constitute the offence (in other words, can you be nicked for wearing a bluetooth headset that requires you to pick up the phone, even although nobody saw you pick up the phone and you're not on a call at the time? Or can you only be nicked if you are SEEN holding the phone?)

Oh and what if you pick up the phone to plug it into a charger, but you're not on a call at the time and have full bluetooth hands-free?

is it the picking up the phone that's the offence, or picking it up to make/end a call, or just having a phone in the car that's not fully hands-free?

I don't know, that's why I'm asking!

tvrgit

8,490 posts

282 months

Tuesday 20th February 2007
quotequote all
vonhosen said:
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.

Yes but that doesn't answer the question.

Einion Yrth

19,575 posts

274 months

Tuesday 20th February 2007
quotequote all
tvrgit said:
vonhosen said:
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.

Yes but that doesn't answer the question.

Man's just quoting the law, interpretation is down to lawyers.

flemke

23,506 posts

267 months

Tuesday 20th February 2007
quotequote all
tvrgit said:
vonhosen said:
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.

Yes but that doesn't answer the question.
We can debate certain semantic issues, but for sure "touched" does not mean "held" (although, perhaps ironically, the reverse is true).

Also, looking at the time is not "performing an interactive communication function", nor is taking a picture.
For that matter, neither is making notes on a PDA whilst one is driving.eek

Scraggles

7,619 posts

254 months

Tuesday 20th February 2007
quotequote all
try the sensible option, turn the phone off and use voicemail when in the car, if u must phone your boss, gran, wife, customer, stop and park the car. then u can wave your hands all u want, almost got run over by some tt of a truck driver shouting in the phone and shaking his hand around the cab with the expressions