6 Points for holding your phone - Holder Question

[Thogg]

Ah but, what about Airwaves though?

The use of two way radio equipment is not included in the legislation however most if not all frontline vehicles are fitted with car sets and a push to talk stalk so there is no need for officers to use their personal sets....

 

[mhill]

Was it not worded along the lines of excluding simplex comunication equipment, your mention of hand held equipment is a worying phrase as it includes simplex devices.

How manny officers do you see using them while driving though. Actually had a marked panda car weaving across the A12 with the officer using the device without due care or attention at 55mph.

 

[Thogg]

obviously I can't comment on specific cases. People do use their devices I'm sure. As I said it's not included in the legislation. There are exemptions for emergency calls.....

 

[Loz]

Sorry only just seen this. The offence is "using a hand held device" using means interacting in any way with it for the purposes of communication.. (there is an argument to be had surrounding this, however if you aren't caught for the technical bit of using there is still plenty of scope within the definition of due care for a prosecution) with regards to being stationary at lights etc you are in charge of the vehicle and therefore should be in a position to take evasive action (think emergency service vehicle approaching)
Really it's super simple. Turn it off. Put it in the boot. Lock it in the glove box. Whatever. Just don't use it when you are behind the wheel.....

Thanks @Thogg I agree with all that, but is the offence "Using a handheld device" a moving traffic violation or other category? Which was my OP.

 

[DaveyB]

Ah but, what about Airwaves though?

The Push to Talk switch for my airwave (which is in a cradle) is mounted to the back of the back of the steering wheel where I can operate it without having to take my hands off the wheel.

 

[Thogg]

Thanks @Thogg I agree with all that, but is the offence "Using a handheld device" a moving traffic violation or other category? Which was my OP.

Hi @Loz
We are straying into fairly technical points of law here.... essentially the answer is yes... although I tend to use the phrase "offence whilst the vehicle is in motion" However... the word motion implies movement where as driving can take place whilst sat at a red light etc. This is where the courts come in and make a decision based on the arguments of the CPS and the defendant. If you can successfully argue that the vehicle wasn't in motion and therefore you weren't driving then the prosecution will likely fail. There is heaps of case law surrounding this along with a whole industry of "loophole lawyers" who are without a doubt far smarter and much better paid than me.
.
.
Bet very few of them have had to do some of the things I have after some idiot using a phone whilst driving has smashed into someone or something though...

 

[former member]

Just the word "lawyer" gets me agitated.
Making money from misery; one of the lowest of the low when it comes to professions yet they strut around like the World owes them a massive favour.

Hateful.

 

[Loz]

Agreed

 

[Ferret99]

As a profession, actually causing the law to be enforced (UK police force's monitoring of reporters' phones ruled unlawful) or seeking justice for those who have been wronged. Hateful, and to actually want to be paid for it too.

 

[Montecha]

Just to endorse what has been said above, Mrs M got booked a year or so ago for picking up her phone while stationary in a traffic light queue to check a single text.

Only looked at the screen - phone not even unlocked. Keys in ignition - stop / start meant that engine was actually stopped. But phone was in her hand not a holder.

It's pretty harsh but it's the law! So fair enough. However it's sickening when you still get the loonies steaming down the outside lane typing text in their crotch at 80+mph.

We both learned the lesson, our phones now stay in handbag and backpack respectively.