Caught with mobile phone in traffic?

[MOCAŠ]

mmm, I wondered if it were a wind up.

My wife wondered if it were a policeman...

Are you from Lancashire, by any chance? Always had you down as a Londoner.

 

[219]

Slight tangent but is using a cb (mic) ok (legal)

Police use radio mics all the time.

Communication devices which have a 'push to talk' button such as CB radios or PMR ( private mobile radio ) are legal - or in the case of CB radios , as long as the 'rig' is legal itself !

 

[davethemus]

sounds like paranoia to me.

unless the polce are using undercover cops to catch women using there mobiles whilst almost driving. forget the heroin dealers, armed robbers, house breakers, rapists, murderers and terrorists, catch the real scurge of society, women using there phones whilst almost driving.

 

[camerafodder]

Are you from Lancashire, by any chance? Always had you down as a Londoner.

Good MOCAS, very good

 

[Borys]

Police would stop her in the spot (happend to me),she need to sign a ticket.I was done 240£ fine for mobile and wrong font on plates......I will never forget that mr Policeman.....will meet again.....I was stuck in a bloody traffic,not even moving....be reasonable LOL

 

[markjay]

have an ipod in the car, no law against hold an ipod.

iirc the law also applies to operating 'hand held data devices' or something to this effect - and the iPod qualifies as you can store data on it.

 

[markjay]

Slight tangent but is using a cb (mic) ok (legal)

Police use radio mics all the time.

iirc cb is excluded, because the committee thought there weren't that many around any more, or not enough to have a significant impact on the public's safety, and it would have hampered emergency services work.

 

[MOCAŠ]

iirc cb is excluded, because the committee thought there weren't that many around any more, or not enough to have a significant impact on the public's safety, and it would have hampered emergency services work.

The exclusion is for "two-way radios", defined in the legislation as:

any wireless telegraphy apparatus which is designed or adapted—
(i) for the purpose of transmitting and receiving spoken messages; and
(ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz
​

However, the DoENI site's Q&A page points out: "The use of two-way radio equipment when driving is not included in the new offence but remember there is still a risk of distraction and prosecution under other powers."

Those "other powers" include a charge of inconsiderate or careless driving, about which the magistrates' guidelines state:

There are decided cases that provide some guidance as to the driving that courts will regard as careless or inconsiderate and the following examples are typical of what we are likely to regard as careless driving:
​

• overtaking on the inside;
• driving inappropriately close to another vehicle;
• inadvertently driving through a red light;
• emerging from a side road into the path of another vehicle;
• tuning a car radio;
• using a hand-held mobile phone or other hand-held electronic equipment when the driver was avoidably distracted by that use; and
• selecting and lighting a cigarette or similar when the driver was avoidably distracted by that use.

This is what direct.gov says about using a hand-held phone while driving:

The law on using hand-held phones and similar devices while driving

It is illegal to drive a vehicle or ride a motorcycle while using a hand-held mobile phone. This also applies to any similar device (that must be held at some point) to:

• send or receive spoken or written messages or still or moving images
• access the internet

These devices include smartphones or Personal Digital Assistants (PDAs).


While driving, you must not use your hand-held mobile phone, smartphone or PDA:

• to make or receive calls
• to send or receive picture and text messages
• to access the internet
• when you're stopped at traffic lights
• when you're queuing in traffic

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

If you're an employer, you can be prosecuted if you ask your employees to make or receive calls while driving.

When you can use a hand-held phone in your vehicle


You should only use your mobile phone in a vehicle if you:

• need to call 999 or 112 in response to a genuine emergency where it's unsafe or impracticable to stop
• are safely parked (but never stop on the hard shoulder of the motorway unless it’s an emergency)
• are a passenger

The DoENI site mentioned above has a useful page of FAQs on the topic, although I don't know how much of it is specific to Northern Ireland:

FAQs on the Legislation on Mobile Phones and Driving | DoE Road Safety
​

 

[MacCLS500]

Funny thing as a amateur radio operator I am permitted to use a handheld device as long as I am not driving in a problamatic way. Funny old world aint it. Never done it as mobile use is a complete waste of time and very dangerous. If you use a mobile phone whilst driving you deserve to be fined.

 

[John]

I've heard of people fined for eating an apple

No, but the bits of plastic and silicon chip really get stuck in your teeth - not to mention it must be carcinogenic.

 

[MOCAŠ]

Funny thing as a amateur radio operator I am permitted to use a handheld device as long as I am not driving in a problamatic way. Funny old world aint it.

I remember talking to one of the production staff on a Top Gear shoot a few years back, and he mentioned that they used two-way radios to communicate with the camera car. This was not long after the mobile phone legislation came in, and I recall he was quite smug about the fact that it didn't cover two-way radios.

You can also sometimes get away with using a mobile phone, depending on what you're using it for. The legislation refers to "a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data." When the comedian Jimmy Carr was prosecuted for using a mobile phone while driving, his lawyer put forward the case that he had actually been using his phone's memo facility to record jokes. The court accepted that this was a one-way process, and he was acquitted.

 

[tomaszmalesza83]

My wife was travelling to an appointment and got caught in a traffic jam. The client rings her mobile who's expecting her. Now, my wife points people out on mobile phones who drive and berates them for it. HOWEVER, she decided to take the risk and pick up the phone.

At that precise moment, she looked back up and saw a man driving a battered yellow transit, pointing what looked like a chip and pin machine at her for about 4-5 seconds.

So, firstly, my wife is so angry with herself, despite sitting in a traffic jam, she knows she shouldn't have done it. Lesson learned. But two questions have arisen.
1. Can the police perform this whilst driving themselves = same offence?
2. How long before my wife would receive a fine in the post?

hi tell ur wife to not worry about it
firstly if pc will spot u driving and speaking over hand held mobile phone will stop u and issue with ticket
u will have 28 days to accept the fine or go to court

the yellow vans are for speed perpose only if u wife didnt speed in traffic jam she dont have any to worry about

on ebay u can by mercedes cradle hfp for £85 or mercedes cradle SAP v2 for £95-105 and this SAP is excellent for nokia phone or any phones with sim access profile

just remeber if pc sees sombody driving and speaking he will stop this person then and then to issue a ticket how i know i have been stoped 7 times and 7 times went to court and was free to go

 

[markjay]

...how i know i have been stoped 7 times and 7 times went to court and was free to go

Care to elaborate?

 

[219]

hi tell ur wife to not worry about it
firstly if pc will spot u driving and speaking over hand held mobile phone will stop u and issue with ticket
u will have 28 days to accept the fine or go to court

the yellow vans are for speed perpose only if u wife didnt speed in traffic jam she dont have any to worry about

on ebay u can by mercedes cradle hfp for £85 or mercedes cradle SAP v2 for £95-105 and this SAP is excellent for nokia phone or any phones with sim access profile

just remeber if pc sees sombody driving and speaking he will stop this person then and then to issue a ticket how i know i have been stoped 7 times and 7 times went to court and was free to go

Care to elaborate?

In English , please ?

 

[MOCAŠ]

In English , please ?

I'm guessing that English is not Tomasz's first language, and with that in mind I found his post perfectly understandable (even allowing for the txtspeak).

However, I'm as intrigued as markjay to understand how seven successive charges of using a mobile phone while driving could have been challenged and overturned.

 

[markjay]

I'm guessing that English is not Tomasz's first language, and with that in mind I found his post perfectly understandable (even allowing for the txtspeak).

However, I'm as intrigued as markjay to understand how seven successive charges of using a mobile phone while driving could have been challenged and overturned.

He said 'free to go'... but that could still mean with a fine and a ban

But seriously, yes, I am intrigued...

 

[219]

I'm guessing that English is not Tomasz's first language, and with that in mind I found his post perfectly understandable (even allowing for the txtspeak)..

I had noticed the spelling of his user name , however it was the txtspk I was getting at .

 

[John]

firstly if pc will spot u driving

I would guess Tomasz is Polish from the name and sentence construction?

 

[franey]

You can safely say that unless your wife entered her PIN then she won't be getting charged with anything.

 

[tomaszmalesza83]

I'm guessing that English is not Tomasz's first language, and with that in mind I found his post perfectly understandable (even allowing for the txtspeak).

However, I'm as intrigued as markjay to understand how seven successive charges of using a mobile phone while driving could have been challenged and overturned.

How its very easy
firstly you need to have to mobile phones with you remeber both numbers
Police officer will ask you for a phone number so he can pass it to his control room and then they will call to check if the phone number is real
you are giving phone number which has not been used ( best one is contract phone)

when you have a ticket you have to options
accepted or go to court
in court you show list of phone calls which has been made in this day and time when police stopped you
there shouldnt be any phone calls made , and in court you say that you could not provide phone call list made to you because for this you need a court order
and this is how its done