Motorists prosecuted for photographing M6 lorry fire
Discussion
http://www.bbc.co.uk/news/uk-england-coventry-warw...
Some sensible Policing at last. Why don't they release a camera vehicle at every crash site to catch those with mobiles... and those who stop and gawp.
Some sensible Policing at last. Why don't they release a camera vehicle at every crash site to catch those with mobiles... and those who stop and gawp.
kambites said:
I thought that in order to be prosecuted for using a mobile whilst driving, you had to actually use it to communicate?
Nope, the law is very clear that it is the act of holding a device capable of transmitting between 875 and 910MHZ, and/or some other frequencies, that is against the law.What I really what prosecuted are the numerous drivers that video my Atom every time I drive it on the motorway. sometimes for minutes on end.
spikeyhead said:
Nope, the law is very clear that it is the act of holding a device capable of transmitting between 875 and 910MHZ, and/or some other frequencies, that is against the law.
What I really what prosecuted are the numerous drivers that video my Atom every time I drive it on the motorway. sometimes for minutes on end.
So whilst driving I can legally take a photo using my SLR camera?What I really what prosecuted are the numerous drivers that video my Atom every time I drive it on the motorway. sometimes for minutes on end.
ecsrobin said:
So whilst driving I can legally take a photo using my SLR camera?
I may be wrong but I think the act of holding a phone is illegal because a law bans it specifically. Holding a SLR is not something banned specifically in legislation but if your caught you'll probably be charged with driving without due care and attention or not being in proper control of a vehicle.spikeyhead said:
Nope, the law is very clear that it is the act of holding a device capable of transmitting between 875 and 910MHZ, and/or some other frequencies, that is against the law.
Fair enough. So using my phone as a sat-nav is presumably also illegal then? Or indeed looking at the time on it (my car doesn't have a clock). If you drink from a water bottle while driving, you can be fined.
kambites said:
spikeyhead said:
Nope, the law is very clear that it is the act of holding a device capable of transmitting between 875 and 910MHZ, and/or some other frequencies, that is against the law.
Fair enough. So using my phone as a sat-nav is presumably also illegal then? Or indeed looking at the time on it (my car doesn't have a clock). Hoofy said:
If you drink from a water bottle while driving, you can be fined.
Ah, good point. kambites said:
spikeyhead said:
Nope, the law is very clear that it is the act of holding a device capable of transmitting between 875 and 910MHZ, and/or some other frequencies, that is against the law.
Fair enough. So using my phone as a sat-nav is presumably also illegal then? Or indeed looking at the time on it (my car doesn't have a clock). So when I'm using it to tell the time, I need to be careful to prod it on the passenger seat rather than picking it up.
kambites said:
Fair enough. So using my phone as a sat-nav is presumably also illegal then? Or indeed looking at the time on it (my car doesn't have a clock).
Not if you don't hold it. Mine lives on a dash mount when being used as nav, which makes it legal. Interestingly, holding and using walkie-talkies exactly as you might a mobile phone is legal 
I imagine the reason the mobile phone law has been used in this case is that it's extremely easy. If you were taking photos with something else while driving, you could be prosecuted for not being in proper control of your vehicle instead.
techguyone said:
It would be if you're holding it, get a car mount and all is cool. After all how will the plod/camera know what you're using it for, the fact you're holding it is the issue.
This is exactly why they have to pretend that holding the phone is sufficient for a prosecution?They then get away with not having to prove the case?
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