Quote:
Originally Posted by Dimplyred
If they can issue the fixed penalty simply on the grounds you were holding the phone whilst driving and not using it then I would just pay it. If they issued it because they thought you were using it then as smurf79 says get proof from your service provider that you weren't using it at that time. You need to do a bit of research to see what the law actually says about holding/using a phone while driving.
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RAC say:
What does the law say?
The legislation makes it illegal to
use your phone if you hold the phone at any point during its use. The law also applies to any interactive device such as PDAs or navigation aids. "Holding" includes cradling the phone between your ear and shoulder.
Salford City Council say:
It is illegal to
use a hand-held mobile phone when driving and the penalties have increased. As from 27th February 2007 you will now receive a £60 fine and three penalty points on your licence. Points can mean higher insurance costs and can lead to disqualification.
Department of Transport say:
New legislation to increase the penalty for
using a hand-held phone whilst driving came into force on
27 February 2007. The £30 fine was increased to £60 and three penalty points on your licence. Penalty points can mean higher insurance costs. If you get six points within two years of passing your test, your licence will be revoked and you will need to re-sit the test. If the case goes to court, you could risk a maximum fine of £1,000, which rises to £2,500 for the driver of a bus, coach, or heavy goods vehicle.
Note :
The highlights on the words
use or
using are mine. I have not yet found anything to suggest 'holding' a mobile phone is an offence ? Can anyone find such a comment anywhere ?