Police tailgating me when I touched my phone?

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Thu 15 Mar 2018 09:43
Police tailgating me when I touched my phone? - Capr1900

So I had this happen to me. I was scrolling on my music app on a phone holder when I saw a police jeep come up behind me. I automatically switched it off and continued driving but they didn't pull me over. After that I was driving but it kept on following me. I drove 40mph in a 40 zone but the jeep was driving at 30. Whilst I couldn't see them I quickly hid the phone on the seat so that they wouldn't see it. Got to a T junction where I want left and they turned right. My basic question is, have I been caught and will I get a notice what with the phone laws getting stricter here?

Reply | Report as offensive | Link
Thu 15 Mar 2018 09:59
Police tailgating me when I touched my phone? - Palcouk

Different Police forces have differing views, it has been reported that simply picking up a phone that has been dropped from its cradel resulted in a PCN.

Its open to interpretaion as to what 'using a phone' means' Scrolling through a play list is not the same as pressing a Btn on your radio to change station, it requires visual input and not simply touch

Edited by Palcouk on 15/03/2018 at 09:59

Reply | Report as offensive | Link
Thu 15 Mar 2018 13:06
Police tailgating me when I touched my phone? - alan1302

Or they didn't see the phone in use.

Reply | Report as offensive | Link
Thu 15 Mar 2018 18:32
Police tailgating me when I touched my phone? - RobJP

Sounds like they didn't see you.

Do be aware that it is an offence if you use your your phone in any way whilst driving - the phone being in a holder, or you were 'only browsing music' is not a defence in law.

The penalty is now 6 points and a fine (think the fine is £200, but I may be mistaken).

Get rid of the holder, put the phone somewhere you cannot get to it, or be tempted to even touch it.

Reply | Report as offensive | Link
Thu 15 Mar 2018 18:41
Police tailgating me when I touched my phone? - Bromptonaut

Do be aware that it is an offence if you use your your phone in any way whilst driving - the phone being in a holder, or you were 'only browsing music' is not a defence in law.

I don't think that's right if the phone was in a holder. The meat of the relevant SI is here:

www.legislation.gov.uk/uksi/2003/2695/regulation/2...e

Reference is clearly to hand held devices. These are defined thus:

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

If it's in a clamp on the windscreen it's not held and you're not guilty.

Other offences are available to police though such as not being in full control so no carte blanche but the automatic £200 + 6 points is not available.

Unless, as a JP, you have access to anything that disproves above.

Edited by Bromptonaut on 15/03/2018 at 18:42

Reply | Report as offensive | Link
Thu 15 Mar 2018 19:36
Police tailgating me when I touched my phone? - Brit_in_Germany

Bromp, even the government agrees with you.

www.gov.uk/using-mobile-phones-when-driving-the-law

It’s illegal to hold a phone or sat nav while driving or riding a motorcycle. You must have hands-free access, such as:

  • a bluetooth headset
  • voice command
  • a dashboard holder or mat
  • a windscreen mount
  • a built-in sat nav
Reply | Report as offensive | Link
Fri 16 Mar 2018 11:59
Police tailgating me when I touched my phone? - Capr1900

Will do. I guess why I'm also worried is that if they might've taken a photo whilst I was driving. Not sure if they're getting sneaky with catching people like that.

Reply | Report as offensive | Link
Fri 16 Mar 2018 12:43
Police tailgating me when I touched my phone? - Gibbo_Wirral

You made the risk higher by taking the phone out of the cradle.

I don't know your age or car you drove, they may have just been doing some routine checks while following.

Reply | Report as offensive | Link
Fri 16 Mar 2018 13:31
Police tailgating me when I touched my phone? - Capr1900

That's true because I panicked when I saw them again before the T Junction. Is it normally 2 weeks to wait for PCN or is it longer?

Reply | Report as offensive | Link