What is the law on mobile phones and driving?

[summerdays]

This is to solve a dispute between Mr Summerdays and myself. We were in the car today and just couldn't believe how many motorists were using their phone at one point we saw 6 in very quick succession. Anyway we were discussing how you could target it, I wanted a car to go around filming them all and be allowed to initiate prosecutions from the recorded images.

Anyway Mr Summerdays thinks legally you can hold a phone and not use it at the wheel, so my idea wouldn't work. I'm sure you can't even hold a phone at the wheel. Please solve our arguement (preferably in my favour) by telling me what the exact laws are on mobile phone use. And after that could you also solve the problem of getting motorists to obey the law

 

[PaulB]

Simple. DON'T. DO. IT.

 

[Paulus]

It is against the law. see here---https://www.gov.uk/using-mobile-phones-when-driving-the-law

 

[Pro Tour Punditry]

www.google.co.uk

 

[summerdays]

We know the don't do it and how it's worse than drinking or drugs in terms of reaction times, the technicality that we are arguing over is holding the phone and not using it. I want something stating that explicitly!

He thinks I'm making it up so that someone couldn't actually be prosecuted if they were merely found to be holding it in their hands. (I'm not suggesting he does it himself).

 

[Paulus]

There is something in the law about driving technique, where you are supposed to hold onto the steering wheel with both hands, unless changing gear, hand signalling or using one of the other controls.

 

[CopperCyclist]

The law states 'using' a mobile phone.

I know of numerous officers that regularly give it tickets to people for using a mobile phone, when the motorists defence has been 'I was only holding it'. The officers have stated that holding a mobile phone constitutes a 'use' for it, and have proceeded with the ticket.

What you want is for some case law - someone to actively challenge the charge, using this defence, taking it to a high enough court to create a stated case. As far as I am aware (and I did check a while ago) this hasn't happened, so the definition of 'using' a phone is one to argue at court if you so choose. I would generally love to know if there is a stated case somewhere I've missed, but I think at the current time, there is no explicit answer to you and your husbands arguments.

For point scoring though, I agree with you, and can say with 100 percent certainty that I have seen plenty of tickets issued and accepted when the driver claimed 'I was only holding it'. :-)

 

[classic33]

Why would you be holding the handset if it wasn't being used or you'd just finished/started using it?
I'd say the driver would have to prove that the phone was inactive at the time, whilst explaining why they were holding it.

 

[summerdays]

The law states 'using' a mobile phone.

I know of numerous officers that regularly give it tickets to people for using a mobile phone, when the motorists defence has been 'I was only holding it'. The officers have stated that holding a mobile phone constitutes a 'use' for it, and have proceeded with the ticket.

What you want is for some case law - someone to actively challenge the charge, using this defence, taking it to a high enough court to create a stated case. As far as I am aware (and I did check a while ago) this hasn't happened, so the definition of 'using' a phone is one to argue at court if you so choose. I would generally love to know if there is a stated case somewhere I've missed, but I think at the current time, there is no explicit answer to you and your husbands arguments.

For point scoring though, I agree with you, and can say with 100 percent certainty that I have seen plenty of tickets issued and accepted when the driver claimed 'I was only holding it'. :-)

Thanks - that looks like the nearest I will get to winning the argument. I just wish it didn't have to be observed by a police officer, there aren't enough of them to make people think it isn't worth taking the risk.

 

[classic33]

Thanks - that looks like the nearest I will get to winning the argument. I just wish it didn't have to be observed by a police officer, there aren't enough of them to make people think it isn't worth taking the risk.

It doesn't if the camera can tecord the time and date correctly on the picture.
I've reported one that got caught later.

 

[summerdays]

Why would you be holding the handset if it wasn't being used or you'd just finished/started using it?
I'd say the driver would have to prove that the phone was inactive at the time, whilst explaining why they were holding it.

Mr Summerdays thought if they weren't actually observed using it that they would be unable to be prosecuted for the offence.

I don't know why (self preservation maybe) but for some reason I find it really easy to spot drivers with their mobiles, the repeated glances downwards, or strange way of holding the steering wheel, even if it isn't the obvious up at their ear!

 

[swansonj]

I have thought for a while that, with the current mania for privatising everything, there is actually quite a strong case for privatising mobile phone offences and speeding. We all know how easy it is to spot people using a phone while driving. So if you had a commercial incentive to spot them, think how many you could get. The police could licence companies for enforcement (making them pay for the privilege), there would be defined standards of evidence, and the company could keep half the fine. With some decent enforcement, the message might spread that this is a law it's worth obeying, so offending should reduce. In the meantime, the public purse would get a nicely augmented fine income, and as a bonus, the hatred that motorists wrongly but inevitably feel against the person who nabs them would be directed at private contractors, where it is relatively harmless, rather than at the police, where it can't be beneficial.

 

[Arch]

Didn't Jimmy Carr get off on the basis that he was using his phone as a dictaphone?

 

[Black Sheep]

I see many people holding the phone to their mouth while clearly using the hands free kit...

 

[classic33]

Its use could be covered by driving otherwise than in accordance with a/the licence.