Sticking slappy on VS your phone mounted on dash
Sticking slappy on VS your phone mounted on dash
Author
Discussion

HannsG

Original Poster:

3,135 posts

164 months

Saturday 30th December 2017
quotequote all
I have a lot of respect for the police, My missus is ex police as are some of my family.

Anyway, I was stopped yesterday for having a mounted phone on my dash with Waze running. Copper thought I had touched it, after explaining to the copper he had to explain when I had done so. He could not come up with a decent explanation and let me go in my way once I made it obvious he was literally taking the Piss.

The bloody app comes with those annoying ads right whixh pop up when stationery

I thought the police were meant to follow the law and not be judge jury and executioner? You can't just make it up as you go along!

Yet some bint applying her make up at 7.30am on a dual carriageway went in to the back of my daughter yesterday. Apparently she was literally only focusing on the road for 5 seconds at a time.

Also was with a friend yesterday whilst driving about and he was happily using his smart watch thing to take calls and answer texts etc. So what's the law on these?

Madness.

rainmakerraw

1,243 posts

156 months

Saturday 30th December 2017
quotequote all
I thought as long as it was dash mounted you could touch it anyway? It's only if the device is 'hand held during the course of its operation' that the offence was complete. Or did my brain fart?

HannsG

Original Poster:

3,135 posts

164 months

Saturday 30th December 2017
quotequote all
rainmakerraw said:
I thought as long as it was dash mounted you could touch it anyway? It's only if the device is 'hand held during the course of its operation' that the offence was complete. Or did my brain fart?
I stick the phone in a dash mount and don't touch it at all once the destination has been pre entered before I set off.

What set the Bobby off was that the phone display seemed to change as I was fiddling about with the radio. Cue me being stopped and telling him it's an advert on Waze. 10 minutes of my life I won't get back.

I'm not going to stop either. It's a crappy Panda 100hp and I need it as my commuting shed. No built in satnav here guvnor.

Could have done without the hassle yesterday to be honest. No wonder proper crime is sky rocketing..

Edited by HannsG on Saturday 30th December 10:27

Pica-Pica

16,621 posts

114 months

Saturday 30th December 2017
quotequote all
HannsG said:
I have a lot of respect for the police, My missus is ex police as are some of my family.

Anyway, I was stopped yesterday for having a mounted phone on my dash with Waze running. Copper thought I had touched it, after explaining to the copper he had to explain when I had done so. He could not come up with a decent explanation and let me go in my way once I made it obvious he was literally taking the Piss.

The bloody app comes with those annoying ads right whixh pop up when stationery

I thought the police were meant to follow the law and not be judge jury and executioner? You can't just make it up as you go along!

Yet some bint applying her make up at 7.30am on a dual carriageway went in to the back of my daughter yesterday. Apparently she was literally only focusing on the road for 5 seconds at a time.

Also was with a friend yesterday whilst driving about and he was happily using his smart watch thing to take calls and answer texts etc. So what's the law on these ?

Madness.
'Bint' ? please!

Nimby

5,710 posts

180 months

Saturday 30th December 2017
quotequote all
It's the headline story in today's Telegraph.

They say the law is unclear and there's no consistency across the country. Police, Government and CPS can't agree whether "touching" a phone is an offence or not.

(Sorry, registration needed for the whole article but you'll get the gist).

CoolHands

23,527 posts

225 months

Saturday 30th December 2017
quotequote all
I can only presume you live somewhere quiet. Here in London virtually any uber car (which is about every second car) fannying about has the driver programming it while they wander all over the carriageway. Stopping on corners, not seeing traffic lights change to green etc etc it’s really a joke

HannsG

Original Poster:

3,135 posts

164 months

Saturday 30th December 2017
quotequote all
CoolHands said:
I can only presume you live somewhere quiet. Here in London virtually any uber car (which is about every second car) fannying about has the driver programming it while they wander all over the carriageway. Stopping on corners, not seeing traffic lights change to green etc etc it’s really a joke
There is civilization outside of London you know? I work there Monday to Friday and to be honest cars and people there do not mix.

Pedestrians never look behind or over their shoulder and everyone speeds.

It does not surprise me. But I ain't a taxi driver and nor do I drive an uber.

Edited by HannsG on Saturday 30th December 11:27

CoolHands

23,527 posts

225 months

Saturday 30th December 2017
quotequote all
My point was the police don’t bother with any of the flagrant abuses here, ergo I assumed you lived somewhere quiet if the police have time to bother. It wasn’t a pop at you

Mr E

23,070 posts

289 months

Saturday 30th December 2017
quotequote all
Nimby said:
It's the headline story in today's Telegraph.

They say the law is unclear and there's no consistency across the country. Police, Government and CPS can't agree whether "touching" a phone is an offence or not.

(Sorry, registration needed for the whole article but you'll get the gist).
I thought the law was very clear. Cannot hold a “communication device” in your hand while driving.

With that statement, I assume Apple watches are fine as you’re not holding them.

Paulm4

365 posts

187 months

Saturday 30th December 2017
quotequote all
HannsG said:
"Went in to the back of my daughter yesterday."
Must be a joke here, somehow...

Stout99

1,860 posts

146 months

Saturday 30th December 2017
quotequote all
HannsG said:
I have a lot of respect for the police, My missus is ex police as are some of my family.

Anyway, I was stopped yesterday for having a mounted phone on my dash with Waze running. Copper thought I had touched it, after explaining to the copper he had to explain when I had done so. He could not come up with a decent explanation and let me go in my way once I made it obvious he was literally taking the Piss.

The bloody app comes with those annoying ads right whixh pop up when stationery

I thought the police were meant to follow the law and not be judge jury and executioner? You can't just make it up as you go along!

Yet some bint applying her make up at 7.30am on a dual carriageway went in to the back of my daughter yesterday. Apparently she was literally only focusing on the road for 5 seconds at a time.

Also was with a friend yesterday whilst driving about and he was happily using his smart watch thing to take calls and answer texts etc. So what's the law on these?

Madness.
Perhaps you should have been prosecuted under regulation 109:
The Road Vehicles (Construction and Use) Regulations 1986
109.—(1) No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information—

(a) about the state of the vehicle or its equipment;
(b) about the location of the vehicle and the road on which it is located;
(c) to assist the driver to see the road adjacent to the vehicle; or
(d) to assist the driver to reach his destination.
(2) In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer.


Quite why you think it’s OK to use an entertainment system while you are driving is baffling.

If the phone is mounted as a screen and displays an advert on Waze then you are effectively watching a screen that is displaying something that is outside of that allowed in paragraph 1 of the regulation.

Same regulations:
Driver's control

104. No person shall drive or cause or permit any other person to drive, a motor vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

Some cocks put the screen on the windscreen, this covers that.

Not sure why you need nav assistance on a commute, do you have the memory of a gold fish?

I think they should make the law unambiguous.
ANY use of an entertainment system, computer, phone or nav system thatt isn’t fitted as an original built in part of the vehicle is an offence.
Job done.

When in charge of a vehicle, just drive it.

Stout99

1,860 posts

146 months

Saturday 30th December 2017
quotequote all
Mr E said:
I thought the law was very clear. Cannot hold a “communication device” in your hand while driving.

With that statement, I assume Apple watches are fine as you’re not holding them.
I don’t know where you found that but it isn’t the law.

zarjaz1991

6,844 posts

153 months

Saturday 30th December 2017
quotequote all
The law itself doesn’t matter.

The police can report you for anything they like. If the circumstances of what you were actually doing don’t fit with an actual law, they can simply make something up, claim you were doing that instead, and secure a conviction in court by lying under oath.

Stout99

1,860 posts

146 months

Saturday 30th December 2017
quotequote all
zarjaz1991 said:
The law itself doesn’t matter.

The police can report you for anything they like. If the circumstances of what you were actually doing don’t fit with an actual law, they can simply make something up, claim you were doing that instead, and secure a conviction in court by lying under oath.
If 1991 is your birth year your mental age hasn’t caught up with your true age.

blueg33

46,585 posts

254 months

Saturday 30th December 2017
quotequote all
Stout99 said:
HannsG said:
I have a lot of respect for the police, My missus is ex police as are some of my family.

Anyway, I was stopped yesterday for having a mounted phone on my dash with Waze running. Copper thought I had touched it, after explaining to the copper he had to explain when I had done so. He could not come up with a decent explanation and let me go in my way once I made it obvious he was literally taking the Piss.

The bloody app comes with those annoying ads right whixh pop up when stationery

I thought the police were meant to follow the law and not be judge jury and executioner? You can't just make it up as you go along!

Yet some bint applying her make up at 7.30am on a dual carriageway went in to the back of my daughter yesterday. Apparently she was literally only focusing on the road for 5 seconds at a time.

Also was with a friend yesterday whilst driving about and he was happily using his smart watch thing to take calls and answer texts etc. So what's the law on these?

Madness.
Perhaps you should have been prosecuted under regulation 109:
The Road Vehicles (Construction and Use) Regulations 1986
109.—(1) No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information—

(a) about the state of the vehicle or its equipment;
(b) about the location of the vehicle and the road on which it is located;
(c) to assist the driver to see the road adjacent to the vehicle; or
(d) to assist the driver to reach his destination.
(2) In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer.


Quite why you think it’s OK to use an entertainment system while you are driving is baffling.

If the phone is mounted as a screen and displays an advert on Waze then you are effectively watching a screen that is displaying something that is outside of that allowed in paragraph 1 of the regulation.

Same regulations:
Driver's control

104. No person shall drive or cause or permit any other person to drive, a motor vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

Some cocks put the screen on the windscreen, this covers that.

Not sure why you need nav assistance on a commute, do you have the memory of a gold fish?

I think they should make the law unambiguous.
ANY use of an entertainment system, computer, phone or nav system thatt isn’t fitted as an original built in part of the vehicle is an offence.
Job done.



When in charge of a vehicle, just drive it.
I think that you l find smartphone is not a cathode ray tube and therefore is not captured under the definition of receiving device.

Mr E

23,070 posts

289 months

Saturday 30th December 2017
quotequote all
Stout99 said:
Mr E said:
I thought the law was very clear. Cannot hold a “communication device” in your hand while driving.

With that statement, I assume Apple watches are fine as you’re not holding them.
I don’t know where you found that but it isn’t the law.
2003 No. 2695
ROAD TRAFFIC
The Road Vehicles (Construction and Use) (Amendment)
(No. 4) Regulations 2003

Should I be looking somewhere else?

Stout99

1,860 posts

146 months

Saturday 30th December 2017
quotequote all
blueg33 said:
Stout99 said:
HannsG said:
I have a lot of respect for the police, My missus is ex police as are some of my family.

Anyway, I was stopped yesterday for having a mounted phone on my dash with Waze running. Copper thought I had touched it, after explaining to the copper he had to explain when I had done so. He could not come up with a decent explanation and let me go in my way once I made it obvious he was literally taking the Piss.

The bloody app comes with those annoying ads right whixh pop up when stationery

I thought the police were meant to follow the law and not be judge jury and executioner? You can't just make it up as you go along!

Yet some bint applying her make up at 7.30am on a dual carriageway went in to the back of my daughter yesterday. Apparently she was literally only focusing on the road for 5 seconds at a time.

Also was with a friend yesterday whilst driving about and he was happily using his smart watch thing to take calls and answer texts etc. So what's the law on these?

Madness.
Perhaps you should have been prosecuted under regulation 109:
The Road Vehicles (Construction and Use) Regulations 1986
109.—(1) No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information—

(a) about the state of the vehicle or its equipment;
(b) about the location of the vehicle and the road on which it is located;
(c) to assist the driver to see the road adjacent to the vehicle; or
(d) to assist the driver to reach his destination.
(2) In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer.


Quite why you think it’s OK to use an entertainment system while you are driving is baffling.

If the phone is mounted as a screen and displays an advert on Waze then you are effectively watching a screen that is displaying something that is outside of that allowed in paragraph 1 of the regulation.

Same regulations:
Driver's control

104. No person shall drive or cause or permit any other person to drive, a motor vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

Some cocks put the screen on the windscreen, this covers that.

Not sure why you need nav assistance on a commute, do you have the memory of a gold fish?

I think they should make the law unambiguous.
ANY use of an entertainment system, computer, phone or nav system thatt isn’t fitted as an original built in part of the vehicle is an offence.
Job done.



When in charge of a vehicle, just drive it.
I think that you l find smartphone is not a cathode ray tube and therefore is not captured under the definition of receiving device.
all you need to do is read the words:
(2) In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer

WaferThinHam

1,680 posts

160 months

Saturday 30th December 2017
quotequote all
zarjaz1991 said:
The law itself doesn’t matter.

The police can report you for anything they like. If the circumstances of what you were actually doing don’t fit with an actual law, they can simply make something up, claim you were doing that instead, and secure a conviction in court by lying under oath.
Change the record.

Stout99

1,860 posts

146 months

Saturday 30th December 2017
quotequote all
Mr E said:
Stout99 said:
Mr E said:
I thought the law was very clear. Cannot hold a “communication device” in your hand while driving.

With that statement, I assume Apple watches are fine as you’re not holding them.
I don’t know where you found that but it isn’t the law.
2003 No. 2695
ROAD TRAFFIC
The Road Vehicles (Construction and Use) (Amendment)
(No. 4) Regulations 2003

Should I be looking somewhere else?
The offence:
Amendment of the Road Vehicles (Construction and Use) Regulations 1986

2. The Road Vehicles (Construction and Use) Regulations 1986(1) are amended by inserting after regulation 109—

“Mobile telephones

110.—(1) No person shall drive a motor vehicle on a road if he is using—

(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4).


The offence doesn’t say what you said.

This part of the regulation describes what you must not use:
(6) For the purposes of this regulation—

(a)a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

Part (6) doesn’t describe the offence which is where you and others seem to be confused.

blueg33

46,585 posts

254 months

Saturday 30th December 2017
quotequote all
Stout99 said:
all you need to do is read the words:
(2) In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer
I read it differently. The last bit is the source of the info displayed on the ,CRT.