Using a mobile whilst driving?

Spoken to a solicitor friend (coincidence in same office) and he tells me that I am wrong to be so positive.

It is a grey area and safely dialling a call on a cradle held phone can be successfully defended.

I hold my hands up. My mistake.

If you are manually using your mobile phone as a SatNav while driving you are committing an offense and can be nicked if observed.

It is a very grey area, but I guess its always been that way, about eating food etc, but using a hand held phone is the only clarity, but it muddies the water when they mention similar devices.

It doesn't mention calls. The offence is using a handheld mobile phone whilst driving a motor vehicle.

Therefore if it is in your hand and switched on, it is an offence.

A ticket can be issued and anything other would have to be disproved by yourself at court.

This includes reading a quick text while waiting at a red light, for those who think they'd get away with that

This includes reading a quick text while waiting at a red light, for those who think they'd get away with that

Is it legal/safe to look at my watch whilst I'm at the lights with the engine off?

Just depends where you keep your watch

Is it legal/safe to look at my watch whilst I'm at the lights with the engine off?

Now come on, you're applying common sense!

---------- Post added 28-08-2015 at 20:24 ----------

My understanding is that you can use a phone in a cradle as a sat nav the same way you can an actual sat nav. In both cases it would still be an offence if it meant driving while distracted, however.

This is only my understanding and not necessarily correct!

Personally I only use my phone while driving to post in Sheffield Forum, check emails, etc.

Only if it is in a holder. If you using the phone in your hand as a sat nav, even if you are just programming it it's still classes as using your mobile in the eyes of the law.

Only if it is in a holder. If you using the phone in your hand as a sat nav, even if you are just programming it it's still classes as using your mobile in the eyes of the law.

This issue has come up again at work.

I get the using/holding a mobile, but when are you classed as driving, is it less strict than the drink driving laws?

We are now meant to press arrive and depart on a smart phone app, does the engine need to be off?

Drink driving can be prosecuted for just sitting in the drivers seat with your keys in the ignition, or i that just a myth?

You would not be breaking the law, unless it was proved that it caused you to have an accident.

 

"You MUST exercise proper control of your vehicle at all times", the highway code tells you to "Avoid distractions"; it does not say "must not".

That isn't the relevant law though. There is a specific law that forbids "using" a mobile phone. It doesn't specify "for a conversation" or "for texting".

Other non-phone devices are not banned by this legislation and then what you said would be correct.

---------- Post added 22-04-2016 at 12:13 ----------

This issue has come up again at work.

 

I get the using/holding a mobile, but when are you classed as driving, is it less strict than the drink driving laws?

We are now meant to press arrive and depart on a smart phone app, does the engine need to be off?

Drink driving can be prosecuted for just sitting in the drivers seat with your keys in the ignition, or i that just a myth?

Just press depart/arrive before you actually set off and after you arrive. It's not really an issue is it.

(And I think the offence for drink driving is "being in control of a motor vehicle", it could be an urban myth that the guy sleeping off his drinking session in the back was charged though).

"Using hands-free devices when driving

You can use hands-free phones, sat navs and 2-way radios when you’re driving or riding. But if the police think you’re distracted and not in control of your vehicle you could still get stopped and penalised."

"Using mobile phones when driving: the law

It’s illegal to ride a motorcycle or drive using hand-held phones or similar devices.

The rules are the same if you’re stopped at traffic lights or queuing in traffic.

It’s also illegal to use a hand-held phone or similar device when supervising a learner driver or rider."

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

Still not clear though. Does "hand held" refer to the fact that it's designed to be held in the hand, or the act of holding it. Does putting it in a cradle mean that it is no longer a "hand held phone" and has now become a "hand-free phone or sat nav"? What about throwing it on the passenger seat using speaker phone?

This issue has come up again at work.

 

I get the using/holding a mobile, but when are you classed as driving, is it less strict than the drink driving laws?

We are now meant to press arrive and depart on a smart phone app, does the engine need to be off?

Drink driving can be prosecuted for just sitting in the drivers seat with your keys in the ignition, or i that just a myth?

For drunk driving the offence is drive or attempt to drive. If you are with keys in ignition but never started the engine and you were just wanting to turn say the radio on then that's drunk in charge. However you'd have to prove you were not starting or attempting to start the vehicle...

If the smartphone is in a cradle, then it's legal as it's not hand held.

If the phone is "loose" in the car and you are using the steering wheel controls, and it's controlled by Bluetooth that also is legal - as long as you don't pick it up etc...

If it makes you uncomrfortable , and I can understand why then you stop, park, push the buttons, restart the bus and set off etc. If they complain - ask them for a written opinion from Counsel on headed paper stating why it's legal....