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Has Anybody Been Caught On Their Phone Whilst Driving?


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#1 Mini-Mad-Craig

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Posted 16 October 2017 - 05:06 PM

Hi all,

 

Been a while since I posted anything here, but I'm still a ninja lurker!

 

I though you guys would be a good bunch to ask on this. My dear old mum came home in tears this evening after getting caught sending a sneaky text whilst at some traffic lights (rush hour). They pulled her over and wrote her up and said she'd find out the consequences in the post within 30 days. 

 

Will it be the bang bang chicken of 6 points and £200 or is she likely to get a warning or caution having a 34 year old driving license that has never had a point on it?

 

I know it's the waiting game for that brown envelope anyway... and I'm sure they enforce this one pretty rigidly. But it's always worth fishing for opinions! 

Thanks! 

Craig



#2 Cooperman

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Posted 16 October 2017 - 06:36 PM

Not much doubt that she will get 6 points and a £200 fine.
That will be reflected in the insurance premium at next renewal.
The rules are now well established.
We have all done it before it was specifically illegal.

#3 KernowCooper

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Posted 16 October 2017 - 06:37 PM

Still a major problem on the roads so I'd say its going to be a fine or points or both



#4 Van13

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Posted 16 October 2017 - 07:50 PM

Asked the wife (police officer) and yes she will get a well deserved fine and points we all know the rules

#5 Cooperman

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Posted 17 October 2017 - 11:05 AM

When she gets the COoFP of £200 & 6 points, she can elect not to pay it and take her chances by pleading 'not-guilty' in court.

She can point out her 34 years with a clean licence and, by way of mitigation state that she was stationery in traffic. The police officer can be called to confirm that she was stuck in traffic.

However, the law is very clear, she will almost certainly be found guilty unless she was parked with the engine switched off and could receive a higher fine plus court costs and a victim surcharge.

That's the way the system works.

 

One thing which is not terribly clear is what happens if you are stuck in a long motorway tailback with stationery traffic on all lanes. You will obviously have switched the engine off for a long wait, but are you then technically 'parked' and thus able to use the phone, or would you need to get out of the vehicle and walk away from it with the phone?


Edited by Cooperman, 17 October 2017 - 11:09 AM.


#6 mk3 Cooper S

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Posted 17 October 2017 - 03:04 PM

What is also not clear is Sat nav.

Reprogramming that whilst at traffic lights - same punishment or due care and attention 3 points £60 or nothing?

Edited by mk3 Cooper S, 17 October 2017 - 03:04 PM.


#7 Cooperman

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Posted 17 October 2017 - 05:10 PM

I was of the opinion that re-programming a phone-based sat navigation was illegal as it requires touching the phone, but that a built-in sat nav which is programmed using the car's controls is ok. The sat nav in my BMW is programmed using the I-Drive controller which is also used to set the audio system, interrogate the vehicle status, etc.

#8 Minigman

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Posted 17 October 2017 - 06:09 PM

I sent a text whilst sat stationary in a 30min queue of traffic. The police saw me and I got 3 points and £80 fine. That was a few years back and I argued that I hadn't moved for 30 mins. No joy with begging either.

#9 CityEPete

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Posted 17 October 2017 - 08:55 PM

I like getting 'stationary' texters to drive forward on dual carriageways when you're both stationary and alongside them but with a gap to the car in front of you, move forward and most will start moving without looking up, I did it twice to a woman a few weeks ago but then my lane moved forward a bit, couple of minutes later 'bang!' looked in my left mirror and she'd hit the car in front, lol.

#10 Cooperman

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Posted 18 October 2017 - 11:46 AM

One might think that if stuck in a traffic jam for some time, the best thing to do would be to switch off, remove the key, get out and stand by another vehicle whilst phoning or texting. Great on a nice sunny day, but not if it's pouring with rain and very windy.

 

If you've been sat sitting without moving for 30 minutes it is a point of discussion as to whether you are 'parked', especially if the engine is not running. If the engine is running, then you are not really parked.

 

It would be helpful if the Old Bill used a bit more discretion and, maybe, just offered words of advice or a caution for such a minor thing as using a mobile whilst stationery in a long-time traffic jam. After all, you only get a caution for growing and selling large amounts of cannabis these days. Clearly the Old Bill see using a phone whilst stationary in a big traffic jam more serious than drug cultivation. Nice to see they have their priorities right  ;D .



#11 mk3 Cooper S

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Posted 18 October 2017 - 11:51 AM

One might think that if stuck in a traffic jam for some time, the best thing to do would be to switch off, remove the key, get out and stand by another vehicle whilst phoning or texting. Great on a nice sunny day, but not if it's pouring with rain and very windy.
 
If you've been sat sitting without moving for 30 minutes it is a point of discussion as to whether you are 'parked', especially if the engine is not running. If the engine is running, then you are not really parked.
 
It would be helpful if the Old Bill used a bit more discretion and, maybe, just offered words of advice or a caution for such a minor thing as using a mobile whilst stationery in a long-time traffic jam. After all, you only get a caution for growing and selling large amounts of cannabis these days. Clearly the Old Bill see using a phone whilst stationary in a big traffic jam more serious than drug cultivation. Nice to see they have their priorities right  ;D .


What about E-cigarettes.

Theoretically they are electronic and can be plugged in to usb etc to be charged and therefore a law breaker.

Discuss ---------

#12 Carlos W

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Posted 18 October 2017 - 06:16 PM

 After all, you only get a caution for growing and selling large amounts of cannabis these days.

 

Is this statement based on fact Peter?



#13 Cooperman

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Posted 18 October 2017 - 09:32 PM

Apparently it is. I have a friend in the 'Met' and he confirmed that the press reports of this are correct. 

 

So it is considered less important to grow 'weed' than it is to be caught doing 36 mph in a 30 limit.

 

Drivers are now a 'cash cow' for the so-called justice system, whereas cannabis growers are a nuisance which will cost the legal system, hence the Gov't & tax payers money to prosecute them and 'bang them up'.



#14 MrBounce

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Posted 18 October 2017 - 09:34 PM

Craig, without wishing to sound harsh, your Mum is a a bit of an idiot. The rules were well documented in the press, yet she still got her phone out whilst sat with the engine running in traffic. If her light had turned green and she'd looked up and moved off without properly checking and hit a child who'd run into the road, it would be far more serious in court than just points and a fine. Whilst I don't agree with the whole "Nanny State" of this country, using a phone in a car is one rule I consider to be a good one. I also agree that the Police should show a bit of discretion when sat in a non-moving traffic jam. However, with the engine running whilst sat at the lights? Just not worth the risk. She's been caught red-handed and no amount of pleading is likely to change the Magistrates' mind. 

 

The mindset of "One text won't hurt" is a bad one, as is the "It won't happen to me" excuse. It does, as Mum has found out. 

 

I don't know if there's the option of a course to do similar to a speed awareness course? Might be detailed in the paperwork she receives.



#15 Cooperman

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Posted 18 October 2017 - 10:26 PM

It seems that if you are in a car which is stopped for a long time in a major m'way hold up you are still considered to be 'driving' if sat in the car with the engine off and the handbrake on.

However, if you are an HGV driver with driving hours limited by law, in a similar hold-up you are deemed not to be 'driving' when stuck without moving at all for a long period and can class it as a required break from driving.

This seems like a complete contradiction ad a breakdown of common sense.

Personally if stuck with a closed m'way I would switch off, apply the handbrake and get out of the car to make any calls. However, it is illegal to even touch the mobile if 'driving', so picking up the phone to get out and make the call might be illegal.

What a can of worms this legislation is.






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