Mobile Phone use in a car
Discussion
Every day a journey said:
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.
Nothing has changed - it remains a matter of fact and degree whether a place is a road.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.
Every day a journey said:
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 is 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.
Engine off and handbrake on can still constitute 'driving'.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.
You might be better off questioning whether using a phone for a contactless payment is 'an interactive communications function'.
Every day a journey said:
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.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
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/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.”
Who knew!!!!
SS2. said:
Every day a journey said:
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.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
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/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.”
Who knew!!!!
Oh, if you're in a veiclewith the engine off and handbrake on is not 'driving', however one is 'in charge' of the vehicle. Hence two different offences of 'drink driving' and 'drunk in charge of a vehicle'
Every day a journey said:
SS2. said:
Every day a journey said:
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.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
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/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.”
Who knew!!!!
Oh, if you're in a veiclewith the engine off and handbrake on is not 'driving', however one is 'in charge' of the vehicle. Hence two different offences of 'drink driving' and 'drunk in charge of a vehicle'
t would be incredibly harsh to piles of st 
The fact that you have placed absolute faith in it deserves another
Your time would be better spent having a read of the legislation.
Every day a journey said:
SS2. said:
To call that 'article' an utter pile of st would be incredibly harsh to piles of st
The fact that you have placed absolute faith in it deserves another
Your time would be better spent having a read of the legislation.
It was one of many stating the same thing. t would be incredibly harsh to piles of st The fact that you have placed absolute faith in it deserves another
Your time would be better spent having a read of the legislation.
SidewaysSi said:
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.
Wasn’t there a prosecution going through in Germany (iirc) a while back that meant drivers couldn’t interact with the display on a Tesla because of the wording of the law around electronic devices? SidewaysSi said:
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.
Isn't that the truth, they are a PITA. Anyway, magnetic phone mount and bluetooth. Can't see the issue for the OP?
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.
Quite simply you should not be texting whilst driving in any circumstance. How can you be concentrating on the road when you are staring at your phone?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.
SS2. said:
Every day a journey said:
when I can be bothered I'll find somethoung more official.
Take as long as you like, I'll not be holding my breath.CPS said:
"Road" is defined at s.142 of the Road Traffic Regulation Act 1984 as any length of highway or other road to which the public has access and includes bridges over which a road passes.
https://www.cps.gov.uk/legal-guidance/road-traffic-summary-offencesOr a government consultation dedicating a page (16) to acknowledging the issue of drive throughs specifically:
DFT said:
The Government acknowledges there are also now some goods and services that
drivers would want to be able to pay for using a hand-held mobile phone to make a
contactless payment whilst stationary but with the engine running. One obvious
example is at a fast food drive-through restaurant. At present, drivers who pay for a
take-away meal at such an establishment by using their hand-held mobile phone are
technically breaking the law as this transaction requires interactive communication.
(And, even once the law is changed, this activity would still be technically unlawful.)
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/927069/using-a-mobile-phone-while-driving-consultation-on-changing-the-law.pdfdrivers would want to be able to pay for using a hand-held mobile phone to make a
contactless payment whilst stationary but with the engine running. One obvious
example is at a fast food drive-through restaurant. At present, drivers who pay for a
take-away meal at such an establishment by using their hand-held mobile phone are
technically breaking the law as this transaction requires interactive communication.
(And, even once the law is changed, this activity would still be technically unlawful.)
donteatpeople said:
SS2. said:
Every day a journey said:
when I can be bothered I'll find somethoung more official.
Take as long as you like, I'll not be holding my breath.CPS said:
"Road" is defined at s.142 of the Road Traffic Regulation Act 1984 as any length of highway or other road to which the public has access and includes bridges over which a road passes.
MustangGT said:
Quite simply you should not be texting whilst driving in any circumstance. How can you be concentrating on the road when you are staring at your phone?
What could possibly go wrong if you did?https://www.youtube.com/watch?v=O8MQV40pOtk
SS2. said:
donteatpeople said:
SS2. said:
Every day a journey said:
when I can be bothered I'll find somethoung more official.
Take as long as you like, I'll not be holding my breath.CPS said:
"Road" is defined at s.142 of the Road Traffic Regulation Act 1984 as any length of highway or other road to which the public has access and includes bridges over which a road passes.
That's where the links on the subject lead to. A drive through is definitely a "right of way between two points" and the public have access. It would seem to fit all of the criteria.
It's a bit of a redundant point either way as the government's Department For Transport have confirmed that paying with a phone at a drive through is illegal.
donteatpeople said:
That's where the links on the subject lead to. A drive through is definitely a "right of way between two points" and the public have access. It would seem to fit all of the criteria.
It doesn't.donteatpeople said:
It's a bit of a redundant point either way as the government's Department For Transport have confirmed that paying with a phone at a drive through is illegal.
In that case, it's just as well the DoT doesn't prepare, approve or implement road traffic legislation, nor indeed make case law or provide an interpretation of parliament's intention which is relied upon by the judiciary.Gassing Station | General Gassing | Top of Page | What's New | My Stuff