Mobile phone usage

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Tue 3 Nov 2015 13:37
Mobile phone usage - XBOXBONES

I was sat in traffic last week, I looked down at my phone sat on the set next to me which was displaying my sat nav. When I looked up there was a police vehicle sat next to me staring in. He did not gesture me to pull over but instead pulled behind me and appeared to note something down. Now I may just be bring paranoid but I'm wondering where I would stand on defending something like this. And also can they just decide to send an nip through the post without actually stopping me. I drive for a living and this is really bothering me, can anyone shed any light on this for me please..

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Tue 3 Nov 2015 13:46
Mobile phone usage - skidpan

As a professional driver you should know the dangers of using a mobile phone whilst moving.

I appreciate you were using it as a sat Nav but you should buy a propper cradle so that it is in your field of view and you are not needing to look down at the seat.

Get one bought now and drive legally in future.

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Tue 3 Nov 2015 13:52
Mobile phone usage - RobJP

The police have 14 days in which to send you a NIP, if one is going to be forthcoming.

He may well have just been taking the details of numberplate to get an instant check on MOT/Tax/insurance status.

As skidpan has said, if you are drive for a living, either get a mount for the phone, or just put it somewhere you can't get to it (boot, for example), to avoid temptation.

Do be advised that if the phone is mounted and you are touching buttons/screen on the phone, then you are STILL committing an offence. The only legal way is to be properly hands-free, which means not touching the phone at all.

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Tue 3 Nov 2015 14:20
Mobile phone usage - Dwight Van Driver

Use of a mobile on the move is not in itself a NOIP'able offence but could be if they upped the ante to driving without due care and attention (hardly likely).

They could without stopping send S 172 to reg owner to disclose who was driving at time of alleged offence and then proceed when driver details disclosed. Again hardly likely as they could have could done the deed there and then.

As stated may well have done a PNC check on car to see if any interest elswhere.

dvd

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Tue 3 Nov 2015 14:42
Mobile phone usage - FP

"... if the phone is mounted and you are touching buttons/screen on the phone, then you are STILL committing an offence."

I think not. All the wording of the regulations refers to hand-held devices. If the phone is in a cradle, it's not hand-held.

However, operating any device or indeed doing anything that is a distraction while driving can be used as evidence that the driver is not properly in control - even eating an apple.

In the OP there seems to be a clear case - not of illegally holding a phone - but of being distracted, and potentially of not being in control, because of the position of the phone on the seat.

Using a phone in your hand is an absolute offence; the other stuff is not.

Edited by FP on 03/11/2015 at 14:44

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