Your free legal top tip for today is....

[alpslapper]

Remember, when stopped, you were ''dictating'', not talking on the phone

In mrs alps case, that would always be true

Todays top legal tip

[Lumiya]

And as soon as they get the phone records showing in/out calls they'd be a few more charges added to the list...

[jarl]

And as soon as they get the phone records showing in/out calls they'd be a few more charges added to the list...

I'm surprised this wasn't brought to bear. (Maybe because records showed no phone call was taking place?). Personally I'm glad it was thrown out since the prosecutions idea of "well, he could have been talking on the phone to someone!" is pretty poor; by the same logic anyone owning a vehicle capable of breaking the speed limit is speeding

[Lumiya]

I always thought that the making of the call wasn't the offence but instead the usage of a mobile phone device was, hence they can do you for typing out a text message even if you don't plan on sending it till later??

[royster]

i thought that it was the holding of a mobile phone whilst using it that was the offence, that is why hands free are legal, and texting is legal if it is in a holder as all you are doing is pushing buttons the same as tuning the radio or changing the heater settings
if this is wrong please correct me

[winxp-master]

You don't have to actually make a call to be prosecuted, all my uncle did (when we were on the way to the hatton fight in manchester) was raise the phone to his ear and he was pulled and got 3 points and a fine.

He never argued as he WAS going to use it and knew he shouldn't. You makes your choices you takes your chances, just don't complain when caught

p.s. Try to txt on you phone while driving by a bobby and see if they pull you

[Traveller]

This is the legislation that applies.

The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003

Parliament makes the legislation, the courts interpret it, any appeals to the higher courts "clarify" it.

This case seems to be based on the premise that a device that can be used as a mobile phone and as something else, ie a dictation machine is only a mobile phone when it is in mobile phone mode. It would be interesting to see what the appeal courts would conclude.

I believe this legislation was brought about by tabloid pressure at the time. There is allready plenty of legislation in place to deal with poor driving without needing a specific piece of regulation.

The attitude to mobile phones at that time was fuelled by possible envy of the status that having a mobile presented, (Yuppies, Dom Jollys sketches etc). That culture has waned now that mobiles are available for peanuts and anyone can reasonably have one if they want.

I was part of the research into the distaction caused by using phones in cars. The results showed no significant difference in my reactions when talking on the phone to my reactions when just driving. Interestingly we were never asked to dial or operate the keypads. I had been using two way radios whilst driving for 25 years at the time of the tests. I think that beacuse I was so used to using comms it didnt take up a gread deal of my concious thought, it was second nature. This is the same as a brand new driver faced with the challenge of co ordinating and executing a gear change for the first time when compared to an experienced driver.

I do not and will not use a handheld phone, it is against the law. I have also dealt with the aftermath of accidents where mobile phones were in use. In one, a driver drove straight on at a bend, hit a fence and was skewered through his face by a fence rail. The phone (a fixed car phone with a hand held hand set) was still conected to the phone on the other end when we arrived). No one will ever really know if it was distraction of the phone call that caused his death.

I dont approve of people who dont treat driving as a serious buisness.

[StumpyFingers]

It is a dismissal offence to be caught using a Mobile while driving a Bus, also 6 points and £1,500 fine.
We are not allowed to even speak to the passengers while the Bus is moving, they have even moved the Push To Talk button so we must use our right foot to operate it.

[Baggy]

Well - we learned one thing from the linked legislation in our house today... the regulation applies if you're supervising a learner driver...

I wonder if many people have ben nicked on that one !