Mobile phone, engine on.
Discussion
I believe it is, but if I am wrong, I am sure someone will correct me in a minute.
On the one hand, its stupid, as keeping the engine on you can keep the de-misting etc on, so the car is ready to drive away.
On the other hand it is a good thing, because it is both clear and easy to enforce. You can tell from outside whether or not the engine was on, and its unlikely there will be an argument about it.
On the one hand, its stupid, as keeping the engine on you can keep the de-misting etc on, so the car is ready to drive away.
On the other hand it is a good thing, because it is both clear and easy to enforce. You can tell from outside whether or not the engine was on, and its unlikely there will be an argument about it.
There will definately be no argument with my car, the police could hear my tractor like engine from inside their car with the sirens on.
The reason I don't turn mine off is because I don't see a need to and its unnecesary wear on components, glow plugs, starter motor, my wrist etc,,,
The reason I don't turn mine off is because I don't see a need to and its unnecesary wear on components, glow plugs, starter motor, my wrist etc,,,
As posted in "UK Police entrapment":
There is some scope for confusion. The law [The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1986] refers to use while "driving".
In regard to a definition of "driving", from the government's "Think Road Safety' website: 7) What counts as driving?
Driving is using a motor vehicle on public roads and can include when a vehicle is stopped at traffic lights or during a traffic hold-up. Therefore you should not use that time to make or receive a call. Park safely and then use the phone (but not on the motorway hard shoulder).
There is no definition of "park safely".
Some have argued that the engine must be off to classify as 'parked', but even if one is 'parked', with the engine off and the keys not in the ignition, one is considered to be 'in charge of a motor vehicle', but not necessarily 'driving'.
There is an exemption in the Regulations: 110(5)(c) it is unsafe or impracticable for him to cease driving in order to make the call ... which could form the basis of an argument that one has "ceased driving" by being stationary, even if the engine is still running. But note that this exemption addresses mobile 'phone use in an emergency.
Hope this helps, but probably only confuses more
.
Streaky
There is some scope for confusion. The law [The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1986] refers to use while "driving".
In regard to a definition of "driving", from the government's "Think Road Safety' website: 7) What counts as driving?
Driving is using a motor vehicle on public roads and can include when a vehicle is stopped at traffic lights or during a traffic hold-up. Therefore you should not use that time to make or receive a call. Park safely and then use the phone (but not on the motorway hard shoulder).
There is no definition of "park safely".
Some have argued that the engine must be off to classify as 'parked', but even if one is 'parked', with the engine off and the keys not in the ignition, one is considered to be 'in charge of a motor vehicle', but not necessarily 'driving'.
There is an exemption in the Regulations: 110(5)(c) it is unsafe or impracticable for him to cease driving in order to make the call ... which could form the basis of an argument that one has "ceased driving" by being stationary, even if the engine is still running. But note that this exemption addresses mobile 'phone use in an emergency.
Hope this helps, but probably only confuses more
.Streaky
No doubt ,as usual Van will come along in a minute to tell us we're all wrong.
But ,the lady taking a swig at the lights - her engine was running, although she had the handbrake on and stopped - so in case of brain-dead BIB- I always switch off , but keep the belt on (in case pirrok tail ends me ) with handbrake on . That way i'm parked.
But ,the lady taking a swig at the lights - her engine was running, although she had the handbrake on and stopped - so in case of brain-dead BIB- I always switch off , but keep the belt on (in case pirrok tail ends me ) with handbrake on . That way i'm parked.
[quote=Who me ?]No doubt ,as usual Van will come along in a minute to tell us we're all wrong.
But ,the lady taking a swig at the lights - her engine was running, although she had the handbrake on and stopped - so in case of brain-dead BIB- I always switch off , but keep the belt on (in case pirrok tail ends me ) with handbrake on . That way i'm parked.
[/quote]
Surely you can't mean you are parked in the middle of the road?
But ,the lady taking a swig at the lights - her engine was running, although she had the handbrake on and stopped - so in case of brain-dead BIB- I always switch off , but keep the belt on (in case pirrok tail ends me ) with handbrake on . That way i'm parked.
[/quote]
Surely you can't mean you are parked in the middle of the road?
[quote=Who me ?]No doubt ,as usual Van will come along in a minute to tell us we're all wrong.
But ,the lady taking a swig at the lights - her engine was running, although she had the handbrake on and stopped - so in case of brain-dead BIB- I always switch off , but keep the belt on (in case pirrok tail ends me ) with handbrake on . That way i'm parked.
[/quote]
This has been discussed before.
The legislation says 'driving' but driving is not defined within the legislation for phone use. It will be up to the court to decide in each individual circumstances what amounts to driving, but there are plenty of stated cases in respect of other matters for them to refer to when it that. Suffice to say in most it doesn't require the vehicle to be moving in some cases.
Speaking as to how I personally interpret & apply driving to the situation. If you are in the flow of traffic, even if it's temporarily stationary at traffic lights with engine running, then you are driving & shouldn't be on the phone.
If you are parked beside the kerb out of the flow of traffic & in a place that it would normally be OK for you stop. If you have the engine running, but handbrake on, I will interpret that as parked for phone use & you would not report.
But ,the lady taking a swig at the lights - her engine was running, although she had the handbrake on and stopped - so in case of brain-dead BIB- I always switch off , but keep the belt on (in case pirrok tail ends me ) with handbrake on . That way i'm parked.
[/quote]
This has been discussed before.
The legislation says 'driving' but driving is not defined within the legislation for phone use. It will be up to the court to decide in each individual circumstances what amounts to driving, but there are plenty of stated cases in respect of other matters for them to refer to when it that. Suffice to say in most it doesn't require the vehicle to be moving in some cases.
Speaking as to how I personally interpret & apply driving to the situation. If you are in the flow of traffic, even if it's temporarily stationary at traffic lights with engine running, then you are driving & shouldn't be on the phone.
If you are parked beside the kerb out of the flow of traffic & in a place that it would normally be OK for you stop. If you have the engine running, but handbrake on, I will interpret that as parked for phone use & you would not report.
Tunku said:
Surely you can't mean you are parked in the middle of the road?
i have seen some geniouses who interpret the law to the letter, phone rings so stop and park up failing to check if it is safe, legal or sensible to stop there, (i.e. pulled over to the left but still blocking a lane)I think if you're parked up safely and where it would be acceptable to leave the vehicle, then you'd have to have a complete a-hole of a copper to try and do you for it. I also reckon you'd probably win in court on that one.
I often have to pull over and park up to call a client/check an address/set my laptop up for a meeting. I don't always do this in sight of the customers' premises but maybe a halfway down the road. I wouldn't turn my engine off, but the car's stopped, in neutral and handbrake is on. I then finish the drive to the client's premises and park up.
One that amazes me at present is that smoking isn't illegal whilst driving. I smoke, but I think it's more of a danger than using a mobile is personally.
I often have to pull over and park up to call a client/check an address/set my laptop up for a meeting. I don't always do this in sight of the customers' premises but maybe a halfway down the road. I wouldn't turn my engine off, but the car's stopped, in neutral and handbrake is on. I then finish the drive to the client's premises and park up.
One that amazes me at present is that smoking isn't illegal whilst driving. I smoke, but I think it's more of a danger than using a mobile is personally.
Funk said:
I think if you're parked up safely and where it would be acceptable to leave the vehicle, then you'd have to have a complete a-hole of a copper to try and do you for it. I also reckon you'd probably win in court on that one.
I often have to pull over and park up to call a client/check an address/set my laptop up for a meeting. I don't always do this in sight of the customers' premises but maybe a halfway down the road. I wouldn't turn my engine off, but the car's stopped, in neutral and handbrake is on. I then finish the drive to the client's premises and park up.
One that amazes me at present is that smoking isn't illegal whilst driving. I smoke, but I think it's more of a danger than using a mobile is personally.
It is if it's a company vehicle (except a soft-top with it down) - StreakyI often have to pull over and park up to call a client/check an address/set my laptop up for a meeting. I don't always do this in sight of the customers' premises but maybe a halfway down the road. I wouldn't turn my engine off, but the car's stopped, in neutral and handbrake is on. I then finish the drive to the client's premises and park up.
One that amazes me at present is that smoking isn't illegal whilst driving. I smoke, but I think it's more of a danger than using a mobile is personally.
streaky said:
Funk said:
I think if you're parked up safely and where it would be acceptable to leave the vehicle, then you'd have to have a complete a-hole of a copper to try and do you for it. I also reckon you'd probably win in court on that one.
I often have to pull over and park up to call a client/check an address/set my laptop up for a meeting. I don't always do this in sight of the customers' premises but maybe a halfway down the road. I wouldn't turn my engine off, but the car's stopped, in neutral and handbrake is on. I then finish the drive to the client's premises and park up.
One that amazes me at present is that smoking isn't illegal whilst driving. I smoke, but I think it's more of a danger than using a mobile is personally.
It is if it's a company vehicle (except a soft-top with it down) - StreakyI often have to pull over and park up to call a client/check an address/set my laptop up for a meeting. I don't always do this in sight of the customers' premises but maybe a halfway down the road. I wouldn't turn my engine off, but the car's stopped, in neutral and handbrake is on. I then finish the drive to the client's premises and park up.
One that amazes me at present is that smoking isn't illegal whilst driving. I smoke, but I think it's more of a danger than using a mobile is personally.
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