Mobile phone law
Discussion
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***
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
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
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
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***
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.
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
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.
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
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
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
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
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 ?
what is it, £60 fine and 3 points or argue a lost cause and get £600 fine and 6 points ?
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
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?
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
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
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.
(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.
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?
Not sure who is the wanker in this situation.
BTW, what book do you read?
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