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      03-11-2024, 04:02 PM   #1
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Using handheld mobile while driving

When they tightened up the law to make it an automatic 6 points plus fine for using a handheld mobile while driving, I thought that made sense. What makes less sense to me is that you are considered to be driving even if you’re stationary with the handbrake on, in a queue of traffic for example. You actually have to be parked for this not to apply.

I imagine the average police officer would be unlikely to try and enforce the law on those using the phone stuck in traffic, but YouTube, TikTok etc has made this a lucrative hobby for individuals like cyclingmikey who film people in that situation and submit it to the police. While posting the footage online for revenue presumably. He has 100k YouTube followers which I imagine means this hobby nets him a five figure income. I’m aware of his history and claimed motivation for doing what he does, but I’m not convinced.

I have zero sympathy for anyone caught using a mobile while actually driving, but quite a bit for those who are still at the time. It feels like this should be at most a much less serious offence.
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      03-11-2024, 04:09 PM   #2
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I was once stuck in a queue because of a broken down car and the copper controlling traffic walked 5 cars down the queue to tell me to put my phone down as it was illegal. It was then I realised that being right wasnt always a good thing, keys were on passenger seat, handbrake on and engine off! Pulled me to do a full vehicle and doc check..

I'm with you on zero sympathy for people using phone whilst driving but it does seem weird that I cant use my phone but I can "use my phone" via a different touchscreen in the car...
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      03-11-2024, 04:13 PM   #3
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There'll be a wooden top along shortly to correct me, but doesn't the law read something like 'whilst in charge of a motor vehicle'?
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      03-11-2024, 04:43 PM   #4
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Same as if I get in my car on my drive whilst pissed with the keys on me, I can be prosecuted for drink driving, which is much more serious.

The laws seem to be rather 'blanket' but hopefully your average, friendly British Police person should be discretionary; except if it gets out on any social media, YT, or the myriad of 'news feeds'. Then you are screwed cos it's all about popularity these days.
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      03-11-2024, 04:56 PM   #5
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Quote:
Originally Posted by crAbb View Post
There'll be a wooden top along shortly to correct me, but doesn't the law read something like 'whilst in charge of a motor vehicle'?
Not sure of the wording but apparently you have to be parked for the rule about mobile use not to apply. Even if you’ve been sitting still for ages, you can’t hold the phone in your hand. Apparently when it’s in a cradle, you can use it when driving, but there are the usual rules about being in proper control.
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      03-11-2024, 06:14 PM   #6
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CarPlay/Android auto. Lovely jubbly
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      03-12-2024, 05:21 AM   #7
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Quote:
Originally Posted by Pond View Post
Same as if I get in my car on my drive whilst pissed with the keys on me, I can be prosecuted for drink driving, which is much more serious.
You would actually be prosecuted for being "drunk in charge" rather than drink driving and the minimum penalty is a fine rather than automatic disqualification which happens for drink driving charges.
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      03-12-2024, 06:07 AM   #8
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Originally Posted by MY340i View Post
CarPlay/Android auto. Lovely jubbly
how long before they decide that using a touchscreen to control your device is illegal?
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      03-12-2024, 06:10 AM   #9
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Quote:
Originally Posted by Steve_M_Sport View Post
You would actually be prosecuted for being "drunk in charge" rather than drink driving and the minimum penalty is a fine rather than automatic disqualification which happens for drink driving charges.
although I think its a compulsory 10 penalty points as well - and a ban is possible depending on magistrate...
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      03-12-2024, 07:00 AM   #10
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Originally Posted by isleaiw1 View Post
how long before they decide that using a touchscreen to control your device is illegal?
NCAP are looking at this, although not a ban

https://www.autoexpress.co.uk/consum...centivised-car
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      03-12-2024, 07:43 AM   #11
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Originally Posted by Bryans69 View Post
NCAP are looking at this, although not a ban

https://www.autoexpress.co.uk/consum...centivised-car
I saw that, does make sense as much as they say you can use voice control, most of us dont....

To be fair though, not sure I find looking down at the iDrive thing in the Mini any safer.....maybe the fact is cars are just too complex these days
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      03-12-2024, 08:22 AM   #12
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Quote:
Originally Posted by isleaiw1 View Post
.....maybe the fact is cars are just too complex these days
Indeed, I read a review of the new Tesla Model 3 and found that they've removed the gear selector, it now shows Reverse & Drive options on the touch screen, total madness

They do have physical buttons in the headliner near the rear view mirror, but still a really crazy backwards step in my view.
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      03-12-2024, 08:24 AM   #13
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Quote:
Originally Posted by C320 View Post
Indeed, I read a review of the new Tesla Model 3 and found that they've removed the gear selector, it now shows Reverse & Drive options on the touch screen, total madness

They do have physical buttons in the headliner near the rear view mirror, but still a really crazy backwards step in my view.
along with buttons on the wheel for indicators... which may be great once you get used to them.... but in the meantime who knows what carnage may ensue...
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      03-12-2024, 08:43 AM   #14
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Quote:
Originally Posted by Bryans69 View Post
NCAP are looking at this, although not a ban

https://www.autoexpress.co.uk/consum...centivised-car
That seems like an excellent idea by NCAP.
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      03-12-2024, 08:54 AM   #15
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Originally Posted by isleaiw1 View Post
along with buttons on the wheel for indicators... which may be great once you get used to them.... but in the meantime who knows what carnage may ensue...
That seems to have been panned in pretty much every review I've seen / read, even by the most generous of Tesla fans.

Maybe they are just working on the basis that nobody indicates anymore anyway....
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      03-12-2024, 10:55 AM   #16
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Quote:
Originally Posted by C320 View Post
Indeed, I read a review of the new Tesla Model 3 and found that they've removed the gear selector, it now shows Reverse & Drive options on the touch screen, total madness

They do have physical buttons in the headliner near the rear view mirror, but still a really crazy backwards step in my view.
What ??!!

It seems that when a tech company (Tesla; Apple; and many others) reaches a particular size / wealth / etc, they deliberately fuck up the User Experience simply because "they can".
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      03-12-2024, 01:02 PM   #17
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Quote:
Originally Posted by Steve_M_Sport View Post
You would actually be prosecuted for being "drunk in charge" rather than drink driving and the minimum penalty is a fine rather than automatic disqualification which happens for drink driving charges.
This is wrong. As is the previous reply on this subject.
Your driveway is your private property.
The only time the Police have a lawful power to enter onto your property in relation to a drink drive/in charge offence is if your vehicle is believed to have been involved in an injury road traffic collision. So not even for a damage only collision.
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      03-12-2024, 02:41 PM   #18
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Quote:
Originally Posted by t5pilot View Post
This is wrong. As is the previous reply on this subject.
Your driveway is your private property.
The only time the Police have a lawful power to enter onto your property in relation to a drink drive/in charge offence is if your vehicle is believed to have been involved in an injury road traffic collision. So not even for a damage only collision.
But you can be drunk in charge if in a public place and the police have reason to expect you to be in charge, and then its up to the charged to prove you weren't in charge...

and yes I know you used to be a copper
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      03-12-2024, 02:51 PM   #19
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Quote:
Originally Posted by isleaiw1 View Post
But you can be drunk in charge if in a public place and the police have reason to expect you to be in charge, and then its up to the charged to prove you weren't in charge...

and yes I know you used to be a copper
Oh yeah, absolutely, in a public place.
I was referring only to your private property at home.
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      03-12-2024, 03:06 PM   #20
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Quote:
Originally Posted by isleaiw1 View Post
I know you used to be a copper
Doesn't make him correct about the powers of entry though
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      03-12-2024, 04:06 PM   #21
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Quote:
Originally Posted by t5pilot View Post
This is wrong. As is the previous reply on this subject.
Your driveway is your private property.
The only time the Police have a lawful power to enter onto your property in relation to a drink drive/in charge offence is if your vehicle is believed to have been involved in an injury road traffic collision. So not even for a damage only collision.
Not true about not being prosecuted on your own private driveway according to this Solicitor

https://www.motoringdefencesolicitor...hile-sleeping/

However this Solicitor says private land means there is no drunk in charge offence can be committed

https://www.drink-driving-solicitors...unk-in-charge/
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Last edited by Steve_M_Sport; 03-12-2024 at 04:12 PM..
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      03-12-2024, 04:13 PM   #22
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Quote:
Originally Posted by isleaiw1 View Post
along with buttons on the wheel for indicators... which may be great once you get used to them.... but in the meantime who knows what carnage may ensue...
Indeed, although that's been done before by Ferrari and probably Citroen

The gear selector change is surely a first (I think!)
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