Phone seizure proposal for drivers involved in RTA's

[summerdays]

It's not an offence to "have a phone on you", nor to drive a car whilst a passenger takes/makes a call, or to use a phone via a hands free device, which maybe incorporated into the sound system of a car or be a bluetooth device the size of a hearing aid, with the handset in a pocket/glovebox/boot. Unless the officer sees you using the phone, (and coppers are thin on the ground these days) a prosecution would be difficult. Perhaps that's why it seems to be on the increase.

But you can be charged with something though I forget what! Not being fully in control of your vehicle?

I wish members of the public could report phone use especially the hand held variety, I would be able to file a couple of reports every day and would be prepared to get a helmet cam if that was what it took to get a prosecution.

 

[John the Monkey]

Is there a way of detecting a mobile if a driver denied having one or had an old one for just such cases?

I think it should be one of the first things checked on stopping a driver whose driving isn't up to standard. Yesterday Mr summerdays noticed a car stationary at a roundabout and then spotted they were too busy on their phone to be aware of where they were!

Stationary is at least better than flying 'round it at 40mph, which is what the mobile users are usually up to on the roundabouts on my route.

 

[Alun]

But you can be charged with something though I forget what! Not being fully in control of your vehicle?

I haven't heard of anyone being charged with this offence for the correct use of handsfree equipment, do you have any examples/links?

I wish members of the public could report phone use especially the hand held variety.

I agree with you about handheld phones, but think you would be wasting your time reporting people for using handsfree equipment.

I would be able to file a couple of reports every day and would be prepared to get a helmet cam if that was what it took to get a prosecution.

Good luck with that, do post how you get on, and how many successful prosecutions result.

 

[summerdays]

I haven't heard of anyone being charged with this offence for the correct use of handsfree equipment, do you have any examples/links?

I agree with you about handheld phones, but think you would be wasting your time reporting people for using handsfree equipment.

Good luck with that, do post how you get on, and how many successful prosecutions result.

It doesn't happen so I'm not getting a camera, as you say it has to be witnessed by a policeman!

And hands free isn't the answer either, there is still the lack of concentration on the road.

No I can't provide examples as I can't remember what the offence is, but I'm sure it exists

 

[Alun]

And hands free isn't the answer either, there is still the lack of concentration on the road.

No more so than talking to a passenger, and less so than smoking, putting on sunglasses, or changing stations on the radio (whatever they are called these days).
Perhaps it is best to concentrate on people using handheld phones!

No I can't provide examples as I can't remember what the offence is, but I'm sure it exists

This perhaps?
Not being in proper control of a vehicle
Regulation 110 Construction and Use Regulations

 

[summerdays]

No more so than talking to a passenger, and less so than smoking, putting on sunglasses, or changing stations on the radio (whatever they are called these days).
Perhaps it is best to concentrate on people using handheld phones!

This perhaps?
Not being in proper control of a vehicle
Regulation 110 Construction and Use Regulations

TMN has found the evidence for me - thank you that is what I meant!

 

[Alun]

ACPO have denied this rumour and clarified things: http://www.acpo.presscentre.com/Pre...oad-traffic-collision-are-inaccurate-2e8.aspx

So GrumpyGregry says in post #9, does he get a TMN point? I don't understand exactly how they are awarded.

 

[ColinJ]

Actually no. http://evidencebasedliving.human.co...-hands-free-cell-phone-devices-while-driving/

Talking on a hands-free phone was only slightly less distracting than holding the phone. It's to do with the fact that the conversational partner isn't sharing the same experience as the driver.

My sister proved that she was distracted by driving past her turn-off on the M1 when talking to me via her new Bluetooth headset!

 

[Dan B]

Examining the call records will tell you if they've been using the phone to make or receive calls, it says nothing about whether they've been playing Angry Candy Farmcrush Flaps at the wheel. I have no idea whether there's a specific offence against that or not.

 

[Alun]

Examining the call records will tell you if they've been using the phone to make or receive calls, it says nothing about whether they've been playing Angry Candy Farmcrush Flaps at the wheel. I have no idea whether there's a specific offence against that or not.

This link gives the answer http://www.trafficdefencelawyer.com/not-being-in-proper-control-of-a-vehicle.htm

 

[StuartG]

Examining the call records will tell you if they've been using the phone to make or receive calls, it says nothing about whether they've been playing Angry Candy Farmcrush Flaps at the wheel.

Well the police did it here - and what a result! http://www.bbc.co.uk/news/uk-england-28585757

It didn't prove she was using a mobile at the moment of impact - but it was enough to bury her - sadly after she had buried someone else. Given the chances of being caught using a mobile are thought to be low - the fact she had two previous convictions for use says quite a lot.

I find it utterly frightening that she ever be allowed to get behind a steering wheel again.

 

[sheddy]

Who should we be lobbying for double the points ?
http://www.bbc.co.uk/news/uk-28324408

 

[sheddy]

Some Petitions here -
http://epetitions.direct.gov.uk/petitions/66198
http://epetitions.direct.gov.uk/petitions/63928

 

[Drago]

You don't need any new legislation. The laws already exisit to allow seizure of evidence. We've been told to seize phones, then not seize them, then seize them again. Then not seize them, so may times I've lost count. Without checking I couldn't tell you what the current policy is, it's changed so frequently.

IMHO the punishment should be on a par with drink drive.