Caught Using Phone Whilst Stationary

[R0G]

The law on this is stupid and common sense is out the window

The main problem is distraction so hands free has the same distraction as hand held

[Buster73]

Terminator X said:

Using it on the move seems fair enough. Whilst stopped in traffic does seem silly although afaik the offence is handling the phone at any time. I just put mine away and don't touch it again until stopped / engine off.

TX.

Put mine inside the armrest every time and have done for years , any messages or emails can wait till later , any calls are on hands free anyway.

Never been tempted to use my phone to check the time ever , stationary or otherwise.

[Rockets7]

https://vlex.co.uk/vid/r-v-macdonagh-792563369

Stated case.

In charge of steering and propulsion no matter how that propulsion is applied. So you were ….

Using a phone
Driving
You don’t fit any of the defences provided
Hands up.

[Short Grain]

KungFuPanda said:

Out of interest, what was the reason you needed such an accurate time check?

Come on OP, what do you do for a living to need such a precise time check whilst driving multiple cars? The clocks on all of your cars can't all be so inaccurate surely! Just being nosey now as I think you now know you need to lube up!
And yes, it's frustrating as hell when you consider the number of drivers we've all seen quite openly using their phones, both texting and calling! Mine goes into it's own little cubby hole, attached to a coiled up charging cable that's secured with little wire ties, so it's not long enough to get the phone fully out to actually use it. The cubby hole has its own door so the phone can't even be seen! Stories like yours make me slightly paranoid about being accused of using it! One of the best features I've had for a phone and it's only a 15 plate Golf Bluemotion.

[Who_Goes_Blue]

Why people cant just leave their phones alone when in their cars is beyond me. Like little babies with their favourite dummy

[MustangGT]

Short Grain said:

The offence is holding a phone whilst the engine is running, even if you're stopped with the handbrake on,or something like that. IANAL May seem stupid, but that's been the law for long enough now, again sorry, not being arsey but it has been awhile!

No, it is not. The offence is using the phone whilst holding it. The link posted earlier in the thread makes that quite clear.

[agtlaw]

Rockets7 said:

Stated case.

A “stated case” isn’t what you think it is.

[agtlaw]

Rockets7 said:

So you were ….

Using a phone
Driving
You don’t fit any of the defences provided
Hands up.

The offence is made out when:

- driving; and
- holding a phone in your hand; and
- using that phone

There are three elements. Not two.

[cashmax]

I really don't understand all the hating on the OP. I have done the same on occasion and would also feel hard done by if I was caught, mainly because it doesn't represent the same risk as weaving all over the road or driving into the back of someone on a motorway, which would be punished in the same way.

Hopefully you will be offered a driver awareness course.

[mikecassie]

521EK9 said:

Unfortunately the time on there isn't accurate hence only really trusting the phone.

Is it worthy of 6 points and a £200 fine?

Or would you say some education around the use of a handheld device is needed?

The police officer then bragged he would catch another 30 people in exactly the same way today, showing that there is a hole in drivers knowledge around what is classed as 'using a mobile phone or device whilst driving' (Stationary).

Maybe he was letting you know how many other stupid folk there are going about who think it's ok to pick up their phone when in traffic. It's well known that using your phone when in a car is not allowed, basically if in doubt don't touch the bloody phone is my thought process these days.

Set your car clock to the correct time. Pay the fine, take the points and buy a phone mount.

[Andy86GT]

R0G said:

The law on this is stupid and common sense is out the window

The main problem is distraction so hands free has the same distraction as hand held

This.

Obviously the law is the law, but why has it been allowed that, as in the case of my X1, it can take 4 presses of a tiny part of a massive touchscreen, just to set low heat seat heating?
The amount of distracting time required looking at the screen is significant and very dangerous in my opinion.

[Arlen]

Short Grain said:

Come on OP, what do you do for a living to need such a precise time check whilst driving multiple cars? The clocks on all of your cars can't all be so inaccurate surely!

Most cars now (and going back to 2005) the clock gets set by the GPS from the sat-nav anyway.

If time is that important to the OP they should wear a watch.

[RizzoTheRat]

Is 6 points and £200 fine the standard for this now?

Somebody I know got a €400 fine in the Netherlands recently for using a phone while driving. He's appealing it as they sent him a photo of his wife on the phone in the passenger seat of thier RHD car

[ro250]

Arlen said:

Most cars now (and going back to 2005) the clock gets set by the GPS from the sat-nav anyway.

My 2017 BMW doesn't!

[ro250]

I always use a mount as I use Google Maps. I'm still not clear - if I'm in traffic and I want to say, change my destination on the phone, can I do so whilst the phone is in the mount?

[PhilkSVR]

I suppose the objective of this law was to try and stop the regular use of phones in cars. It is still abused and the OP has been caught. However, it seems somewhat incongruous from a ‘distraction’ perspective that we are encouraged to take our eyes off the road to operate a screen and that is legal and is getting worse as the buttons disappear.

[E-bmw]

Scabutz said:

It's not illegal to use to pay at a drive through, there is a specific exclusion for that.

It is illegal to pick it up and check the time while parked or in traffic.

The offence is holding the phone, regardless of why.

IIRC the offence is USING a handheld device or using a mobile phone.

You used a handheld device, namely your mobile phone, you weren't parked, sorry, as others have said, bang to rights unfortunately.

Edited by E-bmw on Tuesday 8th October 09:24

[MaxFromage]

cashmax said:

I really don't understand all the hating on the OP. I have done the same on occasion and would also feel hard done by if I was caught, mainly because it doesn't represent the same risk as weaving all over the road or driving into the back of someone on a motorway, which would be punished in the same way.

Hopefully you will be offered a driver awareness course.

I've seen the issue turn into a risk a few times:

- Lights turn green and someone in the queue is looking at cat videos. They get beeped and drop the phone and speed off without checking for pedestrians/cyclists, nearly causing an accident

- Lights turn green and someone in the queue is looking at cat videos. They don't notice, the person behind gets annoyed and overtakes dangerously

Let's face it, the OP is trying to come up with an excuse. If you really need to see the time to the nearest second, you could just tap your phone screen without picking it up. No offence.

[HorneyMX5]

Taken on face value I feel the OP has been hard done by. IMO in this case it should have been an education piece by the police.

"We saw you pick up your phone and quickly check the time, this is against the phone use law however we appreciate it was a minor breach. You should get 6 points and a fine, but this time we'll let you off with a warning and a lesson."

People watching cat videos and posting on social media should have the book thrown at them.

[E-bmw]

Andy86GT said:

R0G said:

The law on this is stupid and common sense is out the window

The main problem is distraction so hands free has the same distraction as hand held

This.

Obviously the law is the law, but why has it been allowed that, as in the case of my X1, it can take 4 presses of a tiny part of a massive touchscreen, just to set low heat seat heating?
The amount of distracting time required looking at the screen is significant and very dangerous in my opinion.

So, don't do it then.

Just because there isn't a specific offence for using the controls in your car doesn't mean you can't be done for driving without due care & attention for doing so, although it is MUCH harder to prove unless you are on video from a camera car.