Mobile Phones In A Holder - Clarification

[Jap90s]

I thought I knew the Law but it seems I was wrong and after googling there is so much conflicting info

Am I right that you cannot touch a mobile phone in a holder, whilst driving for any reason ?

[Captain_Morgan]

No you are not.

[andburg]

you can operate it the phone while in a holder but remain in control of the vehicle

[Jap90s]

andburg said:

you can operate it the phone while in a holder but remain in control of the vehicle

I thought that ^^^

But my daughter told me I was wrong and googling seemed to confirm she was right

[vikingaero]

andburg said:

you can operate it the phone while in a holder but remain in control of the vehicle

This. But the caveat is that you can still be done for driving without due care and attention if you swerve around or crash.

There really is no need to touch any phone in a holder. I can control nearly everything by voice on my Android (and I presume iPhones are similar) - " OK Google, call Mum" or "OK Google, read out last text message from MissBossyBoots".

[Jap90s]

vikingaero said:

There really is no need to touch any phone in a holder. I can control nearly everything by voice on my Android (and I presume iPhones are similar) - " OK Google, call Mum" or "OK Google, read out last text message from MissBossyBoots".

I mostly use mine for the satnav and sometimes want to zoom out to check the route or check for alternatives if I'm coming up to a queue

I thought I was ok but my daughter and her husband were shocked when I did it recently so I googled and there is lots of conflicting information

[What The Deuces]

Jap90s said:

vikingaero said:

There really is no need to touch any phone in a holder. I can control nearly everything by voice on my Android (and I presume iPhones are similar) - " OK Google, call Mum" or "OK Google, read out last text message from MissBossyBoots".

I mostly use mine for the satnav and sometimes want to zoom out to check the route or check for alternatives if I'm coming up to a queue

I thought I was ok but my daughter and her husband were shocked when I did it recently so I googled and there is lots of conflicting information

No differerent to touching your cars ICE/Satnav, the same rules apply about DC&A etc.

Your daughter is talking nonsense and you aren't getting what you need from google.

https://www.gov.uk/using-mobile-phones-when-drivin...

Hands free access can be defined as a Dashboard Holder etc, see above

[Jap90s]

What The Deuces said:

https://www.gov.uk/using-mobile-phones-when-drivin...

Perfect - thanks

[Turbobanana]

vikingaero said:

This. But the caveat is that you can still be done for driving without due care and attention if you swerve around or crash.

There really is no need to touch any phone in a holder. I can control nearly everything by voice on my Android (and I presume iPhones are similar) - " OK Google, call Mum" or "OK Google, read out last text message from MissBossyBoots".

Agree - if your life genuinely is so hectic that you need to communicate while operating heavy machinery, use a voice-activated UI.

Jap90s said:

But my daughter told me I was wrong and googling seemed to confirm she was right

I would congratulate her on taking a safe stance.

[What The Deuces]

Turbobanana said:

vikingaero said:

This. But the caveat is that you can still be done for driving without due care and attention if you swerve around or crash.

There really is no need to touch any phone in a holder. I can control nearly everything by voice on my Android (and I presume iPhones are similar) - " OK Google, call Mum" or "OK Google, read out last text message from MissBossyBoots".

Agree - if your life genuinely is so hectic that you need to communicate while operating heavy machinery, use a voice-activated UI.

Jap90s said:

But my daughter told me I was wrong and googling seemed to confirm she was right

I would congratulate her on taking a safe stance.

Can we assume you drive in silence with passengers in the car and don't touch any hand operated controls whilst driving then? Satnav, Heaters, radio, windows, other car controls?

[anonymous-user]

What The Deuces said:

Turbobanana said:

vikingaero said:

This. But the caveat is that you can still be done for driving without due care and attention if you swerve around or crash.

There really is no need to touch any phone in a holder. I can control nearly everything by voice on my Android (and I presume iPhones are similar) - " OK Google, call Mum" or "OK Google, read out last text message from MissBossyBoots".

Agree - if your life genuinely is so hectic that you need to communicate while operating heavy machinery, use a voice-activated UI.

Jap90s said:

But my daughter told me I was wrong and googling seemed to confirm she was right

I would congratulate her on taking a safe stance.

Can we assume you drive in silence with passengers in the car and don't touch any hand operated controls whilst driving then? Satnav, Heaters, radio, windows, other car controls?

and before anyone gets all high and mighty about it, no one is condoning not being in control of your car or not paying attention while driving.

The law however, sensibly treats touching a phone in a holder exactly the same as using your car's controls inc sat nav.

There is a specific additional point however that it is definitely illegal (and very dangerous obviously ) to have moving video images (such as YouTube) displayed in a moving vehicle where the driver can see them.

[Wollemi]

I have just read on a reliable source about someone who has received a court summons for using a hand held device whilst driving. The summons states he was using the device WHILST IT WAS IN A PHONE HOLDER ATTACHED TO THE CAR. In fact he was using it as a sat nav device.

He is facing 6 points and £200 fine unless it can be successfully challenged in court.

the law appears to be unclear, as it states:

"a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point".

It would seem to be arguable that it is not being held if it is it a holder and it merely being touched. I guess ultimately the courts will decide.

Edited by Wollemi on Wednesday 18th January 11:45

Edited by Wollemi on Wednesday 18th January 11:47

[What The Deuces]

Wollemi said:

I have just read on a Facebook post about someone who has received a court summons for using a hand held device whilst driving. The summons states he was using the device WHILST IT WAS IN A PHONE HOLDER ATTACHED TO THE CAR. In fact he was using it as a sat nav device.

He is facing 6 points and £200 fine unless it can be successfully challenged in court.

I read about a man with three willy's on facebook once.

Wasn't true

[anonymous-user]

Unless they can prove dangerous driving then I'd imagine any decent lawyer could get this dismissed. If he wasn't holding the phone, and you can't argue that he has to hold it so that specific quote doesn't apply.

To re-iterate, the law treats a phone in a cradle exactly the same as your car's touchscreen

[Captain_Morgan]

Wollemi said:

I have just read on a reliable source about someone who has received a court summons for using a hand held device whilst driving. The summons states he was using the device WHILST IT WAS IN A PHONE HOLDER ATTACHED TO THE CAR. In fact he was using it as a sat nav device.

He is facing 6 points and £200 fine unless it can be successfully challenged in court.

the law appears to be unclear, as it states:

"a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point".

It would seem to be arguable that it is not being held if it is it a holder and it merely being touched. I guess ultimately the courts will decide.

Edited by Wollemi on Wednesday 18th January 11:45

Edited by Wollemi on Wednesday 18th January 11:47

Please share your source.

[PF62]

Do people not use Android Auto / Apple Carplay when the only thing you are likely to be touching is the car's touchscreen, and that's if you don't want to use the voice commands.

[Turbobanana]

What The Deuces said:

Can we assume you drive in silence with passengers in the car and don't touch any hand operated controls whilst driving then? Satnav, Heaters, radio, windows, other car controls?

Silence? Mostly, yes. The kids (if in the car) will be on phones / iPads in the back or - amazingly - looking out of the windows at the scenery. Occasionally they'll read. Mrs Banana will be reading her Kindle / working the navigation / asleep (delete as appropriate according to length / location of journey). If I'm alone in the car I pair my phone so I can take a call hands-free if absolutely essential, but it's rarely important enough for me to answer it while driving.

I use the controls that are for the benefit of the journey, yes: HVAC, windows, lights, wipers and - believe it or not - indicators. In my cars these are all tactile things and not accessed via touchscreens.

If I wanted to listen to music why would I choose to do so in a metal box attached to a rough surface by rubber, with mechanical background noise and moving at 70mph?

[BertBert]

What The Deuces said:

I read about a man with three willy's on facebook once.

Wasn't true

I very much doubt that you did. Facebook is very specific about proper apostrophe use and spelling.

If you'd said ...three willies... then that would be believable.

[anonymous-user]

It's all top straw manners.

The law is very clear. What is being described, unless there are further factors, is not illegal.

[Collectingbrass]

Jap90s said:

andburg said:

you can operate it the phone while in a holder but remain in control of the vehicle

I thought that ^^^

But my daughter told me I was wrong and googling seemed to confirm she was right

6 points for phone use can be a licence loser for inexperienced drivers so she is probably being cautious.

As for the person who knows of a case where the summons says use of phone in a cradle, I'd like to see the summons and the body worn camera footage. If the summons is true I would be happy to wager a tin of custard on how well the attitude test went.