mobile 'phone offence

[norseman]

On the news tonight there is a report of a driver (an MP in fact) being convicted of using his mobile when stuck in grid-locked traffic, presumably to advise of his enforced delay. We all know (or should do) of the strict traffic rules surrounding the use of any hand-held device whilst in charge of a motor vehicle so my question is .. just what can a driver do when in this situation & needing to let someone know of a potentially serious delay in their journey, maybe to alleviate the concern of a loved one?
It used to be said that switching off the engine would suffice, but I'm not sure that's a defence anymore.
Maybe switch off & exit the vehicle, if everything is at a standstill & it's safe to do so ?

I can't find anything on the 'net that answers the question, even AI (sorry, last resort!)
Any informed advice folks ?

 

[big-all]

have a spare hands free kit???
swapping them over wont be visible as a phone call ??

 

[Murdochcat]

The majority of cars these days and for the last 15 years have hands free capabilities. There is absolutely no excuse for holding a mobile these days - but it seems most RR, BMW , Mercedes and Audi drivers think they are above the law

 

[norseman]

have a spare hands free kit???
swapping them over wont be visible ??

Got hands-free in the daily driver, but I was really thinking of those who don't inc. myself should I drive my Classic.

 

[norseman]

The majority of cars these days and for the last 15 years have hands free capabilities. There is absolutely no excuse for holding a mobile these days - but it seems most RR, BMW , Mercedes and Audi drivers think they are above the law

I've got both a BM & RR, both classics.
I've also got 63 years of conviction-free driving

 

[Dunnomate]

I do feel for the MP, must be difficult working out which hands-free to buy on his min £98,599 salary. If he`d got out of his motor, he`d then`ve been done for not being in control of a motor vehicle, which in traffic on a public road is a necessity
We were on our way on a dull old day from East Mids to Oulton Park for the weekend, when I drew alongside a top-of the-range Merc, to see a very short Chinese lady, barely able to see over the steering wheel. First thing I noticed was that her face was illuminated by her smartphone, which she was holding very close to her face with BOTH hands. It was a long straight, very wide, quiet road, but up ahead could`ve been a cyclist, moped rider or broken-down vehicle. We stared her down but she never flinched.

 

[Old Salt]

You can use apple car play and with “siri” make calls by voice control. Its beyond me of course, i ignore my phone and call them back after reaching my destination.

 

[Avocet]

On the news tonight there is a report of a driver (an MP in fact) being convicted of using his mobile when stuck in grid-locked traffic, presumably to advise of his enforced delay. We all know (or should do) of the strict traffic rules surrounding the use of any hand-held device whilst in charge of a motor vehicle so my question is .. just what can a driver do when in this situation & needing to let someone know of a potentially serious delay in their journey, maybe to alleviate the concern of a loved one?
It used to be said that switching off the engine would suffice, but I'm not sure that's a defence anymore.
Maybe switch off & exit the vehicle, if everything is at a standstill & it's safe to do so ?

I can't find anything on the 'net that answers the question, even AI (sorry, last resort!)
Any informed advice folks ?

Here's the definitive legislation. It needs reading very carefully though!

The Road Vehicles (Construction and Use) Regulations 1986

www.legislation.gov.uk

In particular, this bit:
(6) For the purposes of this regulation—

(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point while being used;

So I see nothing wrong with having the phone in an inexpensive, windscreen-mounted holder and touching the screen to take or reject a call.

The gov.uk website says it in more plain English:

Using a phone, sat nav or other device when driving

It’s illegal to hold a phone or a sat nav while driving - you'll get penalty points, a fine and can be banned from driving.

www.gov.uk

That said, I struggle to believe that an MP wouldn't be able to afford a car with a Bluetooth or even Apple Carplay / Android Auto?

I have a classic car from the '80s and you can get "period-looking" radios that still have Bluetooth.

The CPS has a bit to say in its guidance when it comes to whether switching the engine off means it doesn't count as "driving". It's not clear-cut.

Road Traffic - Summary Offences | The Crown Prosecution Service

www.cps.gov.uk

Scroll down to the bit on "Stationary Vehicles".

 

[norseman]

A very concise reply ! Thanks for that.
Talk about a can of worms. Another thing that occurs to me, re the case I highlighted in my post, is that the use of the term 'gridlocked' implies that all other vehicles around him were unable to move, so I wonder how the evidence relating to his offence was gathered ?
I mean he can't have been observed by a traffic unit tailing or overtaking him.

I'm 100% in favour of banning hand-held mobile use when driving, but to state that a person is 'driving' when their vehicle (& all those around them) is forcibly prevented from moving is taking the ..

 

[Avocet]

A very concise reply ! Thanks for that.
Talk about a can of worms. Another thing that occurs to me, re the case I highlighted in my post, is that the use of the term 'gridlocked' implies that all other vehicles around him were unable to move, so I wonder how the evidence relating to his offence was gathered ?
I mean he can't have been observed by a traffic unit tailing or overtaking him.

I'm 100% in favour of banning hand-held mobile use when driving, but to state that a person is 'driving' when their vehicle (& all those around them) is forcibly prevented from moving is taking the ..

I think the argument is that the driver needs to be alert in case the traffic starts moving again, and he can't predict when that will happen? For me, the funny thing, is the legal gymnastics the regulators had to go through to prohibit hand-held phones whilst driving because they're dangerous, whilst allowing the police (and various motoring TV personalities! ) to use hand-held 2-way radios! (Which, apparently, aren't dangerous...)