Mobile 'Phone use in cars

[motorbiking]

Its also incorrect.

Never expect plod to know the law.

 

[Brigadier]

Its also incorrect.

Never expect plod to know the law.

What's incorrect? Conny's assertion?

 

[motorbiking]

Conny's - but unlike the pedants on this forum, I don't pull people up for summarising or paraphrasing.

To use your phone in any manner whilst being in charge of a motor vehicle requires the engine to be switched off and the key/card removed from the ignition.

Is not correct. I'm sure Conny didn't mean hands free etc.

Mate got charged/fined for sitting in a lay-by using his phone with the engine running. Only 6 months or so ago.

and this guy should have taken legal advice.

 

[robinbanks]

Holding mobile phone while in charge of vehicle has always been an offence

I don't believe that's absolutely true. The law took some time to catch up to the introduction of mobile phone, so for a long time enforcement relied on existing regulations surrounding careless or inattentive driving. It was updated to include specific mobile phone offences but only while the device was performing an interactive communication function.
It's only very recently that this has largely been done away with, though there are a few exceptions, and it's now the case that holding a device capable of performing an interactive communication function while the vehicle isn't safely parked is an offence

I suspect the McDonald's "pay with phone" story may not be accurate, but regardless there is now an exemption for using a phone as a contactless payment device in the scenario described

 

[motorbiking]

Where is this exemption? I think it's implicit, not explicit. But the phone doesn't access the internet in making a payment. So I think that is where the exemption comes from.

Anyway in the case of Conny's mate. This is the case law which may have provided a defence. CPS seem to be using drink driving law to form the definition of driving and as we may know there is a different offence of drunk in charge. There is no offence of using a phone while in charge.

Edkins v Knowles (1973) 57 Cr App R 751

For a person who has pulled up at the side of the road, parked and put the handbrake on (often not even a thing in modern cars), he can only be considered driving for a brief interval. He could argue he left the engine running to provide heat/power/cooling etc. There is certainly no requirement to remove the keys.

Prosecutors have this specific guidance:

However, prosecutors should bear in mind that the intention of the legislation is to promote road safety. They should ask whether the use of the phone or other device is in circumstances which might prejudice the driver’s ability to drive safely.

 

[robinbanks]

Where is this exemption?

 

[diy_fun_uk]

To use your phone in any manner whilst being in charge of a motor vehicle requires the engine to be switched off and the key/card removed from the ignition.

So you're fleeing from a crazed gunman, oops sorry gunthey / gunperson, in your car and they're chasing you down in their car. You need to phone the police but you never set your phone up through your cars system, so you need to pull over, switch the engine off and remove the key from the ignition before you phone for help? Don't laugh, if the legislation states 'any manner' that's what you should theoretically do.

 

[ReganAndCarter]

So you're fleeing from a crazed gunman, oops sorry gunthey / gunperson,

I believe they use the term 'shooter' these days, to avoid offending those of a fluid gender persuasion.

Even gun-toting, homicidal maniacs have feelings.

 

[conny]

So you're fleeing from a crazed gunman, oops sorry gunthey / gunperson, in your car and they're chasing you down in their car. You need to phone the police but you never set your phone up through your cars system, so you need to pull over, switch the engine off and remove the key from the ignition before you phone for help? Don't laugh, if the legislation states 'any manner' that's what you should theoretically do.

You can use your phone in an emergency to dial 999 or 112(?), even if you are driving.

However, complaining that KFC have run out of chicken does not constitute and emergency in the eyes of the law.

 

[robinbanks]

So you're fleeing from a crazed gunman, oops sorry gunthey / gunperson, in your car and they're chasing you down in their car. You need to phone the police