Stopped by PC Plod (not Traffic) a couple of months ago for being on my mobile at a set of traffic lights.

Got clocked while lights were at red, and they pulled in to wait for me.
Ended my call before lights changed, pulled over 5 mins later after a bit of "cat & mouse" through the traffic as i knew i was going to get a tug!!

Stated and "recorded" that i didnt know why i had been pulled over:
PC: Driving whilst using a handheld mobile device.
Me: When?
PC: At the lights.
Me: On a red light, in neutral with the handbrake on!! Thats stationary, not driving!!
PC: Makes no difference, its the same thing.
Me: Dont think so, etc etc

All the above has been recorded by apprentice PC's.

Is it worth going to court, playing on the "grey" area between driving and stationary, and risk a bigger fine and legal costs???
Or........ should i bite the bullet and take 3 points???

I have a hands free which decided to play up at end of my call, hence using the phone at the lights.
Explained this to the copper but not interested.

If i was bang to rights, i'd take the penalty like anyone else.
Surely tho, respect is gained making folks aware of the law is these situations, rather than just handing out tickets!!!!!!!!!!!!!

YOUR THOUGHTS GUYS.

 

I've had hassle from a cop for being on my phone, stopped in a space at the side of the street... with my engine running. Explanation was that the car was running, meaning that I was in control of it, therefore shouldn't be on the telephone at the same time.


Cheers,
Grant

 

No point at all, because there is no grey area in the law. Not saying I agree or disagree, but that's the law, so I'd recommend you just take the hit and get on with your life.

This website explains it pretty well:
http://www.nopenaltypoints.co.uk/leg...e-running.html

It is indeed an offence to use a mobile phone whilst a vehicle is stationary in a lay-by or at the side of the road with the engine running, and the important point to note here is 'with the engine running'.
Many people think that 'driving' refers to actually moving along the road in your car - and in most instances, this is the case. However, if you are sat in the driver's seat of a vehicle with the engine running, then you are technically in charge of that vehicle, so the penalties that apply to using a hand held mobile device while 'driving', do apply to you.
This means that even if you are sat in a lay-by, away from the main flow of traffic and you use a hand held mobile, then you open yourself up to prosecution.



The regulations regarding mobile phone use are clear:
As a driver, you must not use a hand held mobile communication device to either text, call, or carry out any other activity that requires connectivity, such as web surfing. If you break these rules and are found to have been doing so, then you are at risk of being given an automatic fine - and this includes using a mobile device while driving - even if you are sat still in a traffic jam or at lights - it is still classed as a specific offence, which will lead to automatic fine and points on your licence.
Currently, the law states that the fixed penalty for using a mobile phone while driving is Ł60 which rises up to Ł1000 should the case end up in court. The current points endorsement is 3, although it can be raised if the police feel that you were driving dangerously due to using the device.
Even if the you are speaking on a 'hands free' mobile device, if a police officer deems that your driving is falling below the expected standard, then you may find yourself charged with careless or dangerous driving, which can lead to a fine, between 3-11 points depending on the severity of the offence, the circumstances surrounding it and the decision of a judge, and worst case scenario - disqualification and even a spell in prison.
So the moral of the story is clear - if you pull over, switch your engine OFF before you make or take that call. Then you'll be in the clear.

 

Just bend over and take it like a man!




They will find away to win.

 

So with modern bmw's that stop the engine when stationary you could get a away with it ?

i think stopped at lights is a grey area but in a lay by or side road parked is plod being stupid

 

Kinda knew the answer anyway, but worth asking anyway i suppose.
Some good advice there all the same guys, cheeRS.

........and coppers wonder why nobody likes them!!!!!!!!!!!

 

but the copper was correct! There job is to uphold the law, doesnt matter if you agree with the law or not.

 

Dont agree.

In the circumstances, they had the "OPTION" to make me aware of the law and give me a ticking off, but chose to book me instead...........
...........its pretty obvious why im pi$$ed off, i thought.

Its the Police's job to make you aware of the law so you uphold the law, not neccessarily book every person who slightly stays over the line.

3 points or a wee reminder??, considering the circumstances!!!!!!!!

Work it out............
......."Look how many tickets we gave out today Guv"

RESPECT= NONE. Play fair.... this thread wouldnt exist, nuff said IMO.

 

Think your fucked mate.

 

G man is correct. You're classed as "in control" so not allowed


Is like when drunk ppl sleep in their cars but can be done for being in charge of a motor vehicle while intoxicated even with no intent to drive off

 

Very true. I know someone who got done for sleeping in the back seat

 

you bang on about fair play and respect but you've said "after a bit of cat and mouse through traffic" your pissed cos you got caught simples. They shouldnt have to hold your hand and tell you what you can and cant do ignorance is not an excuse.

 

this is the very reason i will be using my American licence while in the uk, as i handed my british one in and i'm only coming back for a holiday, i haven't got time to fight anything, so if i run on my America licence i can say "screw you copper, no points for me", give me that revenue ticket and be on your way

 

My 1 series has this feature but dont think this counts either..lol..
I always switch my phone off while in the car, theres no call that important that cant wait till later..

 

Mr loophole has got people off for using phones as the specific offence is using a phone to make a phone call or text, not using it as a dictaphone as per jimmy carr's useage when he got tugged.

Lots of insurance companies and now viewing mobile phone points as a much more serious offence than just points now so won't insure you.

 

What has it got to do with them. A Hairdresser cuts hair a copper upholds the law its fairly simple. Dont break the law & you will have no trouble with them SIMPLE !!

 

I think what he's trying to say rod is that some coppers are out there to prove a point and get good amounts of collars of a day and others are out there to make sure that you know the score and tell you off for being a naughty boy rather than to make money for their superiours.

Traffic wardens are the same, because most of them are cu ts they all vet treated with the same contempt, but if you are nice to them they tend to let you off

 

This remark says it all:

Ended my call before lights changed, pulled over 5 mins later after a bit of "cat & mouse" through the traffic as i knew i was going to get a tug!!

So you knew you were going to get a tug and therefore knew what you were doing wrong. So what is the point in moaning about it at all.

Just take the penalty and learn from YOUR fucking mistake.

Pisses me off when people come on here moaning about the police who are just trying to do their job!!!!

 

You think your hard done by, my uncle had a text while sat in stationary traffic at a red light, picked his phone up, read the text for all of 5 seconds put it back on the passenger seat, lights still hadn't changed and he got booked for it. First 3 points he's ever had in 30 odd years of driving.

 

Indeed, the police make enough monster fuckups to have a go at them about without needing to have a go at them just for doing their job.
OP got exactly what he deserved IMHO, the law is very clearly published so if you go around breaking it you have to accept that if a policeman sees you doing so then he is only doing his job to book you for it.

 

Bluetooth or nothing nowadays if you want to use your phone in the car


Luciano

 

I only asked for a bit of advice, didnt ask to get slaughtered!!!
Wish i hadnt bothered now.

Exactly.

 

I remebmer having an O2 Wap chat from Sutton all the way home many years ago, fucking screwed if you so much as touch the fucking thing now. What about using the phone as sat nav ? Is that a grey area ?

 

You can't use it to make voice calls or to text, everything else is up to the police to decide, but I use mine as a satnav and haven't been done for it but that's not to say a super copper won't jump out the bushes and tag you for typing in a postcode.

 

Even considering pleading 'not guilty' is a bit daft IMO. You were caught using your mobile while driving, and confessed to it, what possible leg do you have to stand on????

 

 

Some fair points above.have to say I'm not the biggest fan of the police but I think " it's a fair cop guv " in this case.

You can blame labours zero tolerance approach for the lack of common sense the cops are ALLOWED to show in this day and age.years ago if you got caught fucking about in the car it was bog bollocking time,if you were cocky you got done,if you were sorry you went home with your tail between your legs.

Those days are long gone I'm afraid,it's all about the $$$ now.I saw a copper blatantly talking and laughing and joking on his mobile the other day while driving,he glanced quickly at me and still carried on his conversation.

Ok,I live in a quiet area but how is it ok for him to use it and not anyone else?

I got done myself last year,bang to rights to be fair and although I held my hand up to the copper he still gave me the usual "if a child had been killed routine"..........strange as I was on an empty dual carriageway,but I was in the wrong and that's that.

As for affecting your insurance dojj it made absolutely no difference to mine whatsoever,nobody said that they wouldn't insure me either so please try and get your facts correct DOJJATRON!!!!

 

There are a few things about a not-guilty plea that make it worth considering. Have you received a summons?

For example if you believe that the policeman didn't take any notes or doesn't have any evidence. If you think he wasn't in a good position to see you clearly. If you could produce a mobile phone bill in your name that shows that you were not using the phone at the time.

A not-guilty plea forces the police to put a lot more effort in to prosecute you, and this sometimes results in them dropping the case.

Forget the fact that you committed the offence, can the police proove you did it without reasonable doubt?

Charlie

 

Wel they can if they prove he posted this thread

 

Having read the following text from the Road Traffict Act I would plead not-guilty anyway as the law says you cannot "drive" and you were stationary.


1. No person shall drive a motor vehicle on a road if he is using -

• 1. a hand-held mobile telephone; or
• 2. a hand-held device of a kind specified in paragraph (4).

4. A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

 

I think you are mistaking what is classed as driving in the eyes of the law.

The fact that you are sat stationary doesnt mean you dont need to be observant and able to manouvre the vehicle if an emergency services vehicle approaches etc, and that sort of being prepared to make a response to a change in scenarios would be classed as driving.

 

Rather unwise legal advice here!!

He was driving a car - the fact that he was waiting at a set of lights is utterly irrelevant.

If he wasn't driving, then I'd charge him with illegal parking!

 

 

I forgot.

The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 defines a person as "driving" even if the vehicle is stationary but the engine is running.

So just tell the magistrate that you turned the engine off to receive a call, then restarted the engine




Charlie

 

I accept your apology!

 

Great plan

 

there was a post about it a while back where there were 2 specific companies that would not insure someone who had points for being on a mobile phone on their license

perhaps if you'd been here from the start you may have caught it and not tried to let the facts get in the way of a good story