Mobile phone law
Author
Discussion

cavanagh

Original Poster:

643 posts

275 months

Tuesday 27th March 2007
quotequote all
What is the law regards to phones in the car


Is holding one whilst holding the wheel with the same hand classed as using the phone because it is not in my book

henrycrun

2,473 posts

271 months

Tuesday 27th March 2007
quotequote all
Don't be silly

cavanagh

Original Poster:

643 posts

275 months

Tuesday 27th March 2007
quotequote all
thats what I thought just been pulled and given fixed penalty will be going to court with this one what a set of wan***s


First line of him finished on your phone what a wan***

freedman

6,018 posts

238 months

Tuesday 27th March 2007
quotequote all
cavanagh said:
thats what I thought just been pulled and given fixed penalty will be going to court with this one what a set of wan***s


First line of him finished on your phone what a wan***


Make sure you use that if he swore.

Also if you were not on he phone you would be able to prove it with you phone records hopefully

bertbert

21,320 posts

242 months

Tuesday 27th March 2007
quotequote all
not allowed to hold it.
Bert

RS-Dog

147 posts

262 months

Tuesday 27th March 2007
quotequote all
Be very sure of your facts if you plan on taking this to court - the possible fine rises to £1000.

IIRC its prety much any handheld device who's usage is potentially endorseable.

I'd love to know what excuse you are going to have in court for holding your mobile phone whilst driving!

Rich

herewego

8,814 posts

244 months

Tuesday 27th March 2007
quotequote all
freedman said:
cavanagh said:
thats what I thought just been pulled and given fixed penalty will be going to court with this one what a set of wan***s


First line of him finished on your phone what a wan***


Make sure you use that if he swore.

Also if you were not on he phone you would be able to prove it with you phone records hopefully

I don't think you could do that.

flemke

23,512 posts

268 months

Tuesday 27th March 2007
quotequote all
RS-Dog said:
Be very sure of your facts if you plan on taking this to court - the possible fine rises to £1000.

IIRC its prety much any handheld device who's usage is potentially endorseable.

I'd love to know what excuse you are going to have in court for holding your mobile phone whilst driving!

Rich

Checking the time would seem a reasonable thing to do.

Scraggles

7,619 posts

255 months

Tuesday 27th March 2007
quotequote all
cavanagh said:
What is the law regards to phones in the car

Is holding one whilst holding the wheel with the same hand classed as using the phone because it is not in my book


Looks like the police disagrees with you, you are either holding the wheel or being a prat and trying to hold 2 things at once, why is it so important to drive not in control. When you get out of court with a bigger fine and more points for wasting the court's time, read up on the law and get a HANDS FREE SET

othewise, pull over and make the call or use this wonderful thing called voicemail, it filters anyone trying to call you when driving

cavanagh

Original Poster:

643 posts

275 months

Tuesday 27th March 2007
quotequote all
got a hands free kit

had it in my hand because no were to put it


no bothered by the fine the wanker has not even filled in the ticket correctly so a fun day in court did not even check my identity

RS-Dog

147 posts

262 months

Tuesday 27th March 2007
quotequote all
flemke said:
RS-Dog said:
Be very sure of your facts if you plan on taking this to court - the possible fine rises to £1000.

IIRC its prety much any handheld device who's usage is potentially endorseable.

I'd love to know what excuse you are going to have in court for holding your mobile phone whilst driving!

Rich

Checking the time would seem a reasonable thing to do.


You think a court would accept this as a valid excuse? I cant see it personally, the law is pretty clearly defined on the issue regardless of what you are using your phone for, be it a time piece, an mp3 player, a camera or god forbid a communication device.

Rich

Scraggles

7,619 posts

255 months

Tuesday 27th March 2007
quotequote all
last time i looked, a hands free kit was designed so that you could have the bracket fitted to a bit of the car and the phone fitted to the bracket. holding it in your hand means that it is no longer a hands free set and with all the free publicity in the past few months about being caught....

what is it, £60 fine and 3 points or argue a lost cause and get £600 fine and 6 points ?

chrispy porker

17,742 posts

259 months

Tuesday 27th March 2007
quotequote all
cavanagh said:
got a hands free kit

had it in my hand because no were to put it


no bothered by the fine the wanker has not even filled in the ticket correctly so a fun day in court did not even check my identity


Does that not rather defeat the object of the hands free?

What was incorrect on the ticket by the way?

cavanagh

Original Poster:

643 posts

275 months

Tuesday 27th March 2007
quotequote all
name address
did not ask me to sign it

seeing my solicitor tomoz letting him deal with it

chrispy porker

17,742 posts

259 months

Tuesday 27th March 2007
quotequote all
Solicitor ' I would pay the ticket if I were you. That'll be £60 please Mr Cavanagh'

Scraggles

7,619 posts

255 months

Tuesday 27th March 2007
quotequote all
have to agree, much cheaper to take the 3 points and £60 like a man, than hide behind the solictor and let him do u a few hours work for £100 per hour...

cavanagh

Original Poster:

643 posts

275 months

Tuesday 27th March 2007
quotequote all
dont agree with them so will fight it not using it, in my hand so if I was then simple pay but because I was not then why should I pay they have to prove that I was using it don't they ?


Ticket not in my name anyway so might just leave it and send back court papers if they land on the doorstep person not at this address

no charge off solicitor friend of the family so free

chrispy porker

17,742 posts

259 months

Tuesday 27th March 2007
quotequote all
off topic slightly but I can't resist it.

Man goes to see a solicitor.

Client 'How much would it cost me to ask you 3 questions?'

Solicitor ' £500'

Client ' That's rather a lot isn't it?'

Solicitor 'Yes. What's your third question?'

R_U_LOCAL

2,708 posts

239 months

Tuesday 27th March 2007
quotequote all
From the legislation...

(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;

(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(c) "interactive communication function" includes the following:


(i) sending or receiving oral or written messages;

(ii) sending or receiving facsimile documents;

(iii) sending or receiving still or moving images; and

(iv) providing access to the internet;


Nothing in there about using it as a timepiece, and nothing about simply holding it in your hand.

You should be 100% sure that's what you were doing before you go to court with it though.

falcemob

8,248 posts

267 months

Tuesday 27th March 2007
quotequote all
My understanding of the law is that you are not allowed to touch the phone to make or receive calls, even pressing the receive button is classed as offence AFAIK, so holding it is a no no. Even if you weren't using the phone it is still an offence as it could be said you may have been dialling.
Not sure who is the wanker in this situation.
BTW, what book do you read?