Advise

[Foggy69]

Originally Posted by rogie

Hi All,

Need some advise on this matter. I got stopped tonight with Traffic police on grounds off using a mobile phone while driven.
I explained I was taken my phone from my belt clip in order to dock it in the cradle for use on hands free.
They checked out my hands free in the car then said they are still issueing fixed penalty on the grounds I had a phone in my hand while driving!

Were you moving at the time you was doing this.
If so, then you were driving without due care and attention, and a fixed penalty notice is a lenient penalty.

Originally Posted by simon1

Actually, if some of the headlines are to be believed, then the answer is 'yes'. People have been done for holding an apple, a drink, now there's talk about catching drivers holding a cigarette. Hey, why bother catching real criminals when innocent drivers are such easy targets.

The thinking behind this is that if you are holding something, a phone, a fag etc, how can you have both hands safely on the wheel. You are also concentrating on something other than driving.

Simon, are you saying that if you are lighting your fag and a kid runs out in front of your car, you have got exactly the same chance of missing them as if you had both hands on the wheel and concentrating on the road ahead. I think the kid might be happier if you were concentrating on the road rather than the fag.

I think catching people who think driving a car is something to be taken so lightly is a very good idea.

[alanwalne]

Are the police / government subsidised by the licence holders of Bluetooth technology

How is smoking allowed, but holding / using a mobile phone is not.

Would it need nicorette or equivalent to pay the government money for smoking while driving would be instantly banned (which it should be in my view). I just wish more airbags went off in smokers faces and maybe Transit vans et al would not wander across lanes while the driver is lighting his fag (probably after rolling it, perhaps with illegal substance in as well).

BTW I nearly got side swiped yesterday by a kindly van driver doing the above yesterday.

Their passengers cannot light it for them as if it is a company vehicle, you can only smoke in it if only you travel in it.

(Rant over)

[l-noel]

Originally Posted by Topcat

It is ridiculous really "holding" a mobile phone!

Does that mean people should also be fined for "holding" any object in their hand whilst driving?

Anything who can disturb you can be a reaso to fine you in France, it is at the policemen to determine if the action you are doing is prohibiting you to the full concentration you have to dedicate to the driving...
So if your are with somebody who speak a lot and is annoying you, tell him/her that you could be fined if you speak with him/her

[Unknownsoldier]

Let me have a nose and see what I've got in my files.

My files (many of them written by the guy who gets footballers of speeding fines) says sorry your stuffed, it categorically states holding the phone, this is to prevent people cradling the phone on their shoulder apparently.

Try here: LAW on the WEB - the legal information site , they charge 40 quid and will tell you if you've got a chance in hell of getting off, personally I think it's slim.

UK Department for Transport | THINK! Road Safety - Welcome to the THINK! web site

Sorry,
Tom

[LNT]

Originally Posted by NEEMSTAR

why are they allowed to hold their police in car radios and drive ?

Technically, they're not allowed.

[NEEMSTAR]

Originally Posted by LNT

Technically, they're not allowed.

one rule for themselves and another for everyone else ?

[Typo]

Originally Posted by alanwalne

Their passengers cannot light it for them as if it is a company vehicle, you can only smoke in it if only you travel in it.

(Rant over)

Nearly all smoking in a company vehicle is now a no-no under the smoking at work regulations. (How many transits have only one driver - ever?) The police may not do anything about it, but make a note of the registration number & get the driver a from his employer.

[LNT]

Originally Posted by NEEMSTAR

one rule for themselves and another for everyone else ?

It's a fair question. Who polices the police? Nothing to stop a member of the public reporting a police officer for using a hand held radio. Probably find there's more chance of a cop being investigated by a third party report than another member of the public reporting another driver.

[TTDegs]

Originally Posted by NEEMSTAR

why are they allowed to hold their police in car radios and drive ?

becuase there is a deliberate 'loophole' in the law that specifically allows the use of two way radio communication devices with a 'push to talk' button (or words to that affect)

This was (if memory serves) to all ALL emergency services to continue operating.

So yes, it is one rule for them, one rule for us - BUT
If you were (gawd forbid) involved in a car accident, trapped inside, upside down and with the smell of petrol...
Would you be too chuffed if the cops / ambulance / fire engine took an extra 20 minutes to turn up becuase they had to pull over and stop every time the control room called with an update?

Or what if the cops were chasing your stolen car?
Police copter has them in sight, cop car is half a mile away...
Chopper calls car to give direction - car has to pull over to listen...

[Unknownsoldier]

Doesn't stop the passenger doing it for the driver, which is how I thought they were supposed to do it?

Tom

[TTDegs]

Dunno Tom to be honest.

I guess it's to allow for the times when the passenger can't, such as single operator cop cars, or second paramedic is busy in the back and the driver needs to tell the hospital what is coming in?
But I'm speculating there

[Unknownsoldier]

Well in that case it is covered by the Emergency part of the act isn't where anyone whether polic or not is allowed to use a handheld phone for an emergency (i.e. 999).

Tom

[alanwalne]

The radios should still be mounted (on clothing is allowed) so thechnically they are hands free

[TTDegs]

bit difficult to set up a conference call on all the mobiles in the middle of a chase though Tom

[Unknownsoldier]

Hmmmm, ok, lol

Tom

[rogie]

just had it confirmed by email ........ holding a phone whilst driving is still offence even thou not in use.

also included within the email was details on a court case regarding above topic whereby Mrs X... had to pay £650 in court fees.

[mistyar66]

I know this might be a little late in the day to add to this topic - but I asked a Police lady last year about the law regarding mobiles, as I was advised by someone working in Halfords that you are fine to 'touch' your phone if it is in a cradle!!

The answer is, as mentioned before, illegal to touch your phone when driving - end of!!

[Unknownsoldier]

You are ok to touch your phone whilst driving if it's in a cradle however it may not be free in the car..... bizarre, but you won't get knicked unless you shunt someone while doing it, plus I see so many occasions where people use the phone, I watched a girl the other week doing over 70 on the writing/reading a text message, never looked up once, I admit I sped up when I saw she was on the phone and got out of the daft cow's way.......and so you've got to be unlucky to be caught (incidentally, I also saw a police women drive past a guy on the phone and she never even saw him, even though I behind her saw him easily, guessing it's not worth her busy schedule to make time to knicked villains????? Maybe i'll try the same method, I'll rob a bank then use my mobile phone while driving to remain invisible to the police )

Also Rogie, another case of using bullying tactics to enforce another road law, i.e. don't argue your case or we'll fine you heavily and give you extra points, childish, so childish.

Tom

[Coldwarkid]

5ive-o - Powered by vBulletin This place is good for asking such questions.

I wouldn't pay up as points are involved.

[LNT]

Originally Posted by NEEMSTAR

why are they allowed to hold their police in car radios and drive ?

They're not. Fact.