Is a mobile phone always a mobile phone

[niva441]

Morning all

Probably a silly question, but I've been thinking to upgrading the radios on my older cars so they can get DAB. Having been disappointed by the dedicated unit I fitted to my main car I was thinking about just a plug in unit and a tape adaptor. Then as a follow on thought I've got an old smart phone with an MP3 and Radioplayer app, in which I could fit a data only SIM card and save routing an additional aerial.

However I suspect this comes under the law on using a mobile phone whilst driving?

Would I be right in assuming that fitting a data only SIM wouldn't prevent it from being classified as a mobile phone, rather than just an MP3 player equivalent?

Thanks

Todd

[PurpleMoonlight]

But you can use a mobile phone while driving, you just can't hold it.

[niva441]

Doh!

Thank you, I think you've proved me right in starting the thread with 'this is probably a silly question'.

[HantsRat]

niva441 said:

Would I be right in assuming that fitting a data only SIM wouldn't prevent it from being classified as a mobile phone, rather than just an MP3 player equivalent?

It would be sending data so still classed as a mobile phone. Just get a cheap windscreen cradle and choose radio stations from that. Job done.

[Foliage]

The law is 'hand held device' so if its mounted its fine to use. But you could fall foul of other laws if you aren't driving safely.

[redjohn]

The law is poorly written and basically says if the device operates on mobile phone frequencies it is a phone can't be hand held regardless of what you actually do it.

So the new iwatch is a mobile phone but the old one isn't. Talk all you like holding your tetra handset or sat phone but check the time on your iPhone and its points. Ipod touch is fine but your ipad isn't.

Of course good old due care applies in all cases

[Shuvi McTupya]

redjohn said:

The law is poorly written and basically says if the device operates on mobile phone frequencies it is a phone can't be hand held regardless of what you actually do it.

So the new iwatch is a mobile phone but the old one isn't. Talk all you like holding your tetra handset or sat phone but check the time on your iPhone and its points. Ipod touch is fine but your ipad isn't.

Of course good old due care applies in all cases

You can't touch an iPad while driving, is that only if it is a 3G model?

[V8LM]

Shuvi McTupya said:

redjohn said:

The law is poorly written and basically says if the device operates on mobile phone frequencies it is a phone can't be hand held regardless of what you actually do it.

So the new iwatch is a mobile phone but the old one isn't. Talk all you like holding your tetra handset or sat phone but check the time on your iPhone and its points. Ipod touch is fine but your ipad isn't.

Of course good old due care applies in all cases

You can't touch an iPad while driving, is that only if it is a 3G model?

The law says nothing about frequencies, only hand-held communication device. An iPod (later ones at least) can be used for communication. It also doesn’t need to be used for communicating at the time.

[p1esk]

Foliage said:

The law is 'hand held device' so if its mounted its fine to use. But you could fall foul of other laws if you aren't driving safely.

We're normally concerned here about mobile phones, but as you make reference to a 'hand held device', what view does the law take about the use of a hand held recording device by a driver?

For example, if I were to use a hand held voice recorder (not a phone) to record a few comments or notes while driving, would that contravene the law?

I don't think it would, given that the law - as I understand it - was written with specific reference to mobile phones.

[vonhosen]

p1esk said:

Foliage said:

The law is 'hand held device' so if its mounted its fine to use. But you could fall foul of other laws if you aren't driving safely.

We're normally concerned here about mobile phones, but as you make reference to a 'hand held device', what view does the law take about the use of a hand held recording device by a driver?

For example, if I were to use a hand held voice recorder (not a phone) to record a few comments or notes while driving, would that contravene the law?

I don't think it would, given that the law - as I understand it - was written with specific reference to mobile phones.

You need to look at the definition of hand held device & the specific way that information is sent over it (the frequencies it uses). A simple voice recorder would not come under that definition, as CB radios don't, but mobile phones do.

[p1esk]

vonhosen said:

p1esk said:

Foliage said:

The law is 'hand held device' so if its mounted its fine to use. But you could fall foul of other laws if you aren't driving safely.

We're normally concerned here about mobile phones, but as you make reference to a 'hand held device', what view does the law take about the use of a hand held recording device by a driver?

For example, if I were to use a hand held voice recorder (not a phone) to record a few comments or notes while driving, would that contravene the law?

I don't think it would, given that the law - as I understand it - was written with specific reference to mobile phones.

You need to look at the definition of hand held device & the specific way that information is sent over it (the frequencies it uses). A simple voice recorder would not come under that definition, as CB radios don't, but mobile phones do.

Right: so it would appear that I can talk to my little recording device without being at risk of having my collar felt.

That's a bit of good news then, thank you von.

[Shuvi McTupya]

p1esk said:

Right: so it would appear that I can talk to my little recording device without being at risk of having my collar felt.

That's a bit of good news then, thank you von.

And you can use a handheld microphone for a CB, imagine the 'fun' that could be had if someone made one that looked like a mobile phone..

[niva441]

Thank you all for taking the time to reply. Sorry for not replying earlier, I was away for the week with a limited data connection.

So as I understand, trying to simplify the far from straightforward situation, the mobile will always be classified as being a mobile. However if it is mounted then I won't be using it as a hand held device.

Thanks

Todd

[redjohn]

V8LM said:

Shuvi McTupya said:

redjohn said:

The law is poorly written and basically says if the device operates on mobile phone frequencies it is a phone can't be hand held regardless of what you actually do it.

So the new iwatch is a mobile phone but the old one isn't. Talk all you like holding your tetra handset or sat phone but check the time on your iPhone and its points. Ipod touch is fine but your ipad isn't.

Of course good old due care applies in all cases

You can't touch an iPad while driving, is that only if it is a 3G model?

The law says nothing about frequencies, only hand-held communication device. An iPod (later ones at least) can be used for communication. It also doesn’t need to be used for communicating at the time.

The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003

said:

(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;

[V8LM]

redjohn said:

V8LM said:

Shuvi McTupya said:

redjohn said:

The law is poorly written and basically says if the device operates on mobile phone frequencies it is a phone can't be hand held regardless of what you actually do it.

So the new iwatch is a mobile phone but the old one isn't. Talk all you like holding your tetra handset or sat phone but check the time on your iPhone and its points. Ipod touch is fine but your ipad isn't.

Of course good old due care applies in all cases

You can't touch an iPad while driving, is that only if it is a 3G model?

The law says nothing about frequencies, only hand-held communication device. An iPod (later ones at least) can be used for communication. It also doesn’t need to be used for communicating at the time.

The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003

said:

(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;

Thanks.

The regulation differentiates between a 'a hand-held mobile phone' and 'a hand-held device of a kind specified in paragraph (4)' and the frequencies listed refer to the latter, but I didn't know of this until you pointed it out. The argument comes down to differentiating between a 'mobile phone' and something else. With the significant increase in breadth of capability with smart phones, this gives lawyers new opportunities.

[PAULJ5555]

Shuvi McTupya said:

And you can use a handheld microphone for a CB, imagine the 'fun' that could be had if someone made one that looked like a mobile phone..

Or a Mars bar

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Edited by PAULJ5555 on Tuesday 14th November 13:03