Is this an offence
Discussion
No different to being stationary in your car. The rider is still driving, same as a car driver would still be driving if stationary at traffic lights.
" 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).
(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using -
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
(3) No person shall supervise a holder of a provisional licence if the person supervising is using -
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4),
at a time when the provisional licence holder is driving a motor vehicle on a road.
(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.
(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).
(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;
(d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted -
(i) for the purpose of transmitting and receiving spoken messages; and
(ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz;
" 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).
(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using -
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
(3) No person shall supervise a holder of a provisional licence if the person supervising is using -
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4),
at a time when the provisional licence holder is driving a motor vehicle on a road.
(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.
(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).
(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;
(d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted -
(i) for the purpose of transmitting and receiving spoken messages; and
(ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz;
Conian said:
I often pull over on my bike to make/take calls, can't see as it does any harm on the side of the road (in a safe place) even if the engine is on.
But at traffic lights yer asking for trouble.
Plus, scooter scum should be banned anyway
Yup what he said. I would say side of road pulled over is ok, stopped at lights? You're taking the piss sonny!But at traffic lights yer asking for trouble.
Plus, scooter scum should be banned anyway
Yes,
And i am aware it is the same as pulled over on the side of road wich is also still driving.
Again no difference between pulled over and stationary at traffic lights in terms of the "driving" however common sense is that you wont get done for being pulled over but will if stopped at traffic lights.
Maily because you can be expected to move off when the lights change.
If you indeed stopped at lights took your helmet off and answered the phone, not only is it a series of offences but also quite stupid should you get shunted up the arse by another vehicle while you were at the lights!
And i am aware it is the same as pulled over on the side of road wich is also still driving.
Again no difference between pulled over and stationary at traffic lights in terms of the "driving" however common sense is that you wont get done for being pulled over but will if stopped at traffic lights.
Maily because you can be expected to move off when the lights change.
If you indeed stopped at lights took your helmet off and answered the phone, not only is it a series of offences but also quite stupid should you get shunted up the arse by another vehicle while you were at the lights!
silversun said:
It's also an offence to wear a tracksuit with stripes down the side
Agreed!silversun said:
and ride said moped crouched low over the handlebars with your elbows sticking up as though this will make it go faster.
It does though. When you have the power of a small lawnmower on tap anything that reduces drag adds mph to the top end.hornetrider said:
silversun said:
It's also an offence to wear a tracksuit with stripes down the side
Agreed!silversun said:
and ride said moped crouched low over the handlebars with your elbows sticking up as though this will make it go faster.
It does though. When you have the power of a small lawnmower on tap anything that reduces drag adds mph to the top end.EU_Foreigner said:
What is the difference with operating a two way radio? So if he is a despatch courier with a two way radio back to base, it would be ok then?
The despatch rider with a 2 way radio has (in all instances I've seen) it wired into his/her helmet and therefore doesn't need to remove it and it is push to talk so as soon as he/she grabs the handlebars again (which they can do rather quickly as they don't need to put the phone back in a pocket) transmission is stopped. The legality of it I'm not sure on but it probably isn't supposed to be allowed.jacko lah said:
It would be okay provided he has no licence, insurance, and the moped is untaxed, and stolen. Then he'll just get a caution
You missed MOT silversun said:
It's also an offence to wear a tracksuit with stripes down the side and ride said moped crouched low over the handlebars with your elbows sticking up as though this will make it go faster.
HTH
Yes, that offends the shit out of me.HTH
Liam / Parp - what's with the name change?
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