Mobile Phone use in a car

[slipknotted]

monthou said:

Mark V GTD said:

monthou said:

How hard is it to put your phone in a cradle?

What difference does that make - does the phone then become a non handheld device in the eyes of the law?

Obviously yes. Handheld = held in... the hand.

As I understand as long as you're not communicating with another person via your phone and you're not physically holding it then you can do whatever you want with your phone whilst driving (again without due care, etc). Not that I'd want to test this in front of plod but in theory you could type a novella on the M1 with your phone in the centre console/in a cradle. With regards to the original question, handbrake on, engine off and somewhere you could argue to a judge that your car is parked.

[monthou]

CarCrazyDad said:

monthou said:

CarCrazyDad said:

monthou said:

How hard is it to put your phone in a cradle?

Have you ever tried to type or use your phone in those? Much easier to simply hold your phone.

Yes, I have.
It's not ideal but neither is it illegal (with the usual due care caveat).
If you can't use a phone in a cradle when sat in a queue / engine off / handbrake on (as per the OP) then I'm surprised tbh.
Is it easier to hold a phone? Yes. Is it legal? No.

My point is that is it "safer" to hold your phone for 10 seconds with an occasional glance down or spend 45 seconds fumbling at a reach ?

As far as I'm aware it is legal to use a mobile phone in a hand-held cradle or holder while driving.

I get your point. For me it's irrelevant. I'm not going to risk 6 points and a fine for something as avoidable as holding a phone while I'm driving. You are free to make a different choice.
Using a phone in a cradle isn't a specific offence - it's as legal as eating a mars bar (which is to say if a copper thinks you're not in control you may end up looking at a dwdca).

[giantdefy]

I'm an old person but even I am capable of texting using voice commands thus not needing any hand stuff at all.

[Every day a journey]

ashenfie said:

Technically yes using contact payments in a drive though is illegal

Technically no because you're not on the public highway.

[3yardy3]

stef1808 said:

So its illegal to use my phone contactless payments at a drive-through?

This made me smile, and also at a toll booth its technically illegal.

Come on people its common sense. try not to use it at all! if you're moving don't use your phone, if you're stopped whether its a traffic light, a line of stuck traffic or at a drive through and want to pay and you need to look or quickly do something with your phone evaluate the risk yourself and quickly use it. I highly doubt you will actually get the law enforced on you, and if you do that is the risk "you" took as you know you shouldn't be on your phone. however Id definitely be seeking legal advice if i got a fine paying at maccies... haha

[Pothole]

CarCrazyDad said:

To me if your engine is off and you're sat in bumper to bumper traffic on the M6 because a Lorry has decided to crash into the central reservation you should be free to use your Mobile Phone.

What you think is irrelevant, but there are plenty of media for you to lobby for change. The question is about the law.

Having had contact, only slight contact luckily, with a vehicle whose driver was acting as described in just such a scenario but then realised traffic was moving but not that he hadn't straightened his wheels while illegally using his phone - presumably after unnecessarily moving across the lane to look up the gap to "see what's going on", so he moved to his right when taking off instead of straight ahead, touching the legally filtering me, I'd say you're talking utter rubbish. Too many people don't immediately put the phone down when traffic starts moving and drift across the lane divider, too.

[captain.scarlet]

Jamalsmith said:

Morning,

I cant post in SPL yet......

Can you use a mobile when the engine is off ?

The law relates to proper control of the car, if the engine is off and handbrake applied would that count, or is there still an angle where you could fall foul ?

Thanks

Go on, tell us what's happened...

[Polite M135 driver]

CarCrazyDad said:

My point is that is it "safer" to hold your phone for 10 seconds with an occasional glance down or spend 45 seconds fumbling at a reach ?

Goes to my point about applying some common sense.

As far as I'm aware it is legal to use a mobile phone in a hand-held cradle or holder while driving.

Either way I don't think you should be using a mobile phone when moving at all in a car.

Probably safer to do neither of those things, given they will prevent you from driving properly

[Pothole]

captain.scarlet said:

Jamalsmith said:

Morning,

I cant post in SPL yet......

Can you use a mobile when the engine is off ?

The law relates to proper control of the car, if the engine is off and handbrake applied would that count, or is there still an angle where you could fall foul ?

Thanks

Go on, tell us what's happened...

Bang to rights, but looking for a loophole. Nap.

[CarCrazyDad]

Pothole said:

hat you think is irrelevant, but there are plenty of media for you to lobby for change. The question is about the law.

Having had contact, only slight contact luckily, with a vehicle whose driver was acting as described in just such a scenario but then realised traffic was moving but not that he hadn't straightened his wheels while illegally using his phone - presumably after unnecessarily moving across the lane to look up the gap to "see what's going on", so he moved to his right when taking off instead of straight ahead, touching the legally filtering me, I'd say you're talking utter rubbish. Too many people don't immediately put the phone down when traffic starts moving and drift across the lane divider, too.

The law is pretty clear - You can use your Mobile Phone if it's in a holder, but not in your hands.

Is everyone on this page as downright rude as you?

Calm down, to quote Michael Winner.

[donteatpeople]

Every day a journey said:

ashenfie said:

Technically yes using contact payments in a drive though is illegal

Technically no because you're not on the public highway.

That's irrelevant, the law still applies on private land with public access, which would definitely include a drive through.

[SS2.]

donteatpeople said:

Every day a journey said:

ashenfie said:

Technically yes using contact payments in a drive though is illegal

Technically no because you're not on the public highway.

That's irrelevant, the law still applies on private land with public access, which would definitely include a drive through.

The law applies to a road. Unlike insurance offences, there is no mention of 'or other public place'.

It would be a question of fact as to whether access to a drive-through was considered a 'road' for the purposes of the legislation.

Edited by SS2. on Monday 21st June 14:27

[5s Alive]

I have one friend who is an IAM observer and another who is an ADI and, partly because of this, have done my best to continually improve my driving including carrying out running driving commentaries. In my head of course because passengers object to my wittering on. One day while doing this I received an urgent relatively short phone call through the car's Bluetooth and proceeded to answer it using voice command so didn't even have to touch anything. After terminating the call it came as a bit of a shock when I realised that I didn't have a bloody clue as to what had occurred on the road in the intervening time.

Very recently my ADI friend was involved in a serious collision with a driver (on the phone) on the wrong side of the road on a 60mph curve and suffered a serious back injury as a result. Dashcam footage shows clearly what happened and the court case is ongoing.

It's very simple. Like most laws, the law on mobile phone use in vehicles exists for a reason.

The amount of in vehicle hand held mobile use I see day to day is staggering.

[Every day a journey]

SS2. said:

donteatpeople said:

Every day a journey said:

ashenfie said:

Technically yes using contact payments in a drive though is illegal

Technically no because you're not on the public highway.

That's irrelevant, the law still applies on private land with public access, which would definitely include a drive through.

The law applies to a road. Unlike insurance offences, there is no mention of 'or other public place'.

It would be a question of fact as to whether access to a drive-through was considered a 'road' for the purposes of the legislation.

Edited by SS2. on Monday 21st June 14:27

Exactly.

[SidewaysSi]

Do drivers of new cars like the Golf 8 have to stop and turn the thing off before touching the God awful screen? Far harder/more fiddly to use than any phone.

[donteatpeople]

SS2. said:

donteatpeople said:

Every day a journey said:

ashenfie said:

Technically yes using contact payments in a drive though is illegal

Technically no because you're not on the public highway.

That's irrelevant, the law still applies on private land with public access, which would definitely include a drive through.

The law applies to a road. Unlike insurance offences, there is no mention of 'or other public place'.

It would be a question of fact as to whether access to a drive-through was considered a 'road' for the purposes of the legislation.

Edited by SS2. on Monday 21st June 14:27

It wouldn't be difficult to define a drive through as a length of "other road to which the public has access".

RAC said:

Can you use a mobile phone whilst driving on private property?
Driving offences can only be enforced on those using a vehicle on public roads. The Road Traffic Regulations Act defines a road as “any length of highway or other road to which the public has access.”

https://www.rac.co.uk/drive/advice/legal/mobile-phone-laws/

[Every day a journey]

I've just been looking into this and am always happy to admit when I'm wrong.

Legislation has indeed changed since 'back in my day' and places such as Drive throughs are now classed as 'roads' whereas they weren't before.

However, if you use your phone to pay for your order with the engine on (even if the handbrake is on) then you are comitting and offence. If the engine ois off and the handbrake is on then there is no offence.

Obviously common sense needs to be used along with discretion if plod were to deal with this.

As stated, happy to admit I'm wrong.

[SS2.]

donteatpeople said:

SS2. said:

donteatpeople said:

Every day a journey said:

ashenfie said:

Technically yes using contact payments in a drive though is illegal

Technically no because you're not on the public highway.

That's irrelevant, the law still applies on private land with public access, which would definitely include a drive through.

The law applies to a road. Unlike insurance offences, there is no mention of 'or other public place'.

It would be a question of fact as to whether access to a drive-through was considered a 'road' for the purposes of the legislation.

Edited by SS2. on Monday 21st June 14:27

It wouldn't be difficult to define a drive through as a length of "other road to which the public has access".

RAC said:

Can you use a mobile phone whilst driving on private property?
Driving offences can only be enforced on those using a vehicle on public roads. The Road Traffic Regulations Act defines a road as “any length of highway or other road to which the public has access.”

https://www.rac.co.uk/drive/advice/legal/mobile-phone-laws/

The fact that the public may have access to a place doesn't necessarily make it a 'road'.

[Jamalsmith]

Pothole said:

captain.scarlet said:

Jamalsmith said:

Morning,

I cant post in SPL yet......

Can you use a mobile when the engine is off ?

The law relates to proper control of the car, if the engine is off and handbrake applied would that count, or is there still an angle where you could fall foul ?

Thanks

Go on, tell us what's happened...

Bang to rights, but looking for a loophole. Nap.

not at all, it is just something i thought about when stuck on the A1 yesterday.

[Every day a journey]

SS2. said:

donteatpeople said:

SS2. said:

donteatpeople said:

Every day a journey said:

ashenfie said:

Technically yes using contact payments in a drive though is illegal

Technically no because you're not on the public highway.

That's irrelevant, the law still applies on private land with public access, which would definitely include a drive through.

The law applies to a road. Unlike insurance offences, there is no mention of 'or other public place'.

It would be a question of fact as to whether access to a drive-through was considered a 'road' for the purposes of the legislation.

Edited by SS2. on Monday 21st June 14:27

It wouldn't be difficult to define a drive through as a length of "other road to which the public has access".

RAC said:

Can you use a mobile phone whilst driving on private property?
Driving offences can only be enforced on those using a vehicle on public roads. The Road Traffic Regulations Act defines a road as “any length of highway or other road to which the public has access.”

https://www.rac.co.uk/drive/advice/legal/mobile-phone-laws/

The fact that the public may have access to a place doesn't necessarily make it a 'road'.

That was my thought. But it does now.

Who knew!!!!