Does anyone know exactly what the law is with regards to driving while using a mobile phone?

For the sake of argurment I don't mean using a hands free kit.

Cheers

 

Who else gets seriously scared when they see people sending text messages as they drive?

 

I stand to be corrected but I don't think there is a specific law as such. When people are prosecuted it is usually for careless/dangerous driving. The Highway Code advises drivers not to use a mobile whilst driving.

 

JoeyDeacon,

Saw a driving instructor doing it the other day. He was wandering between lanes 1 and 2 as he was typing! The mind boggles!

 

I've seen more dangerous drivers with **** hanging out of their mouths - oh and setting their carpet and clothes on fire.

Both shouldn't be allowed but that's just my opinion.

 

Saw a guy in a lorry texting on the M20 a few months back - i had to take evasive action to the outside lane as he wandered from the inside to the middle lane. Man was that a brown trouser moment !

 

Seejay is spot on, at the moment there is only the advice in the Highway code, saying not to use your mobile phone whilst driving. If you are stopped and charged at the moment it will be for careless driving as you are not in full control of your car. Its the same catch all they have been using for people eating Kit-Kats and bananas. Only now they don't wait to see you driving carlessly, they just take it as read that by holding a phone your are a careless driver.

But and here is it is, there is supposed to be new legislation introduced to parliament this year, that will define using a mobile phone as a seperate offence, with fines and points like speeding.

But as we are all responsible drivers here, none of us would even think of making a call without using a hands free kit would we.....

 

I always tried my best to avoid using my phone when driving, but last year my phone rang while I was driving.
I answered an uttered the words "I'm on my way", and hung up.
3 minutes later and a mile from the incident.....
nee naw nee naw... £40 fixed penalty for
"Driving while not in proper control of a motor vehicle"
I asked the officer if my driving was bad, to which he replied
"Your driving was perfect, but thats not the point"
Apparantly I wasnt in control because one hand was off the wheel.
So no scratching your head, winding windows down, changing gear etc. I was then warned that if I was caught again it would be 3 points.
When I got out the poxy panda, mr policeman commented...
"nice car youve got mate" GRRRRRRRR...
Oh well, live and learn.

 

I was always of the understanding that you're not allowed to do anything while driving that constitutes a distraction, ie, eating, drinking, being on the phone and technically to some extent smoking while driving could be considered a distraction.

 

What about picking your nose and eating it? Seems that most people think that once they are in their cars nobody can see them doing it. Same goes for people who feel the need to squeeze spots in the rear view mirror!

[Edited by JoeyDeacon - 12/20/2001 12:21:14 PM]

 

Not surprised, they'd be waiting a long time...

Wasn't there a case a couple of months back about a lorry driver who killed someone whilst texting?

BJH

 

It is mandatory for BMW 3 series drivers to be on the phone at all times, 30 grand on a car and wont by a car kit for a couple of hundred quid ?

Merc CLK coupe drivers seem to be trying hard in this department as well.

Basically if you can hear to talk on your mobile in a scoob, it aint loud enough !

 

have said it before.

its nothing to do with holding the phone, the problem is having a conversatin with someone who is not aware of the road and traffic conditions.

A hands free kit just means the police will think you are a nutter talking to yourself.

I would not accept a £40 fine from a policeman who told me my driving was fine. would take it to court. Three words on a mobile phone does not constitute careless driving and I cant see a court making that stick.

As for lies such as doing it again will constitute points, that is utter crap. To be convicted for careless driving they need evidence. You wont be given points for careless driving if you are driving faultessly.

they cannot stop you changing gear, turning the stereo up or down etc. That is just nonsense.

 

Guys,

Firstly, I totally agree with all that you guys have said so far, but wasn't there something in the press recently saying that people were trying to get hands-free kits banned too? The reason for this was that they felt that drivers would be concentrating on the phone conversation and not on driving the car (even with both hands on the wheel !?)... How saaaaaaaddddd !!!!

Next thing they'll be banning talking to passengers (though the silly fannying about and playing hide and seek in the mirror with young kiddies in the back when on the school run and consequently being all over the road, should be !!), having the radio on, smoking, or anything else that could possibly distract someone !!

Can't some people's brains multitask !?!

They all fall into the same league as the 'fog-lights when there's no fog' and 'no seatbelt' peeps... How about a new years resolution for 2002... Sort it !!

Rant over..

John

 

A former next-door-neighbour got 4 points and a fine for reading a newspaper whilst stationary(!) at the traffic lights. He was spotted by an off duty copper and convicted on the say of this Policeman.

Where are the ultra-keen coppers when I walk to work? Just about every other vehicle in London is either on the phone, eating or smoking. I even saw recently a van driver reading the A-Z, speaking on the phone and smoking whilst speeding in a 30...[img]images/smilies/mad.gif[/img]

 

It is mandatory for BMW 3 series drivers to be on the phone at all times, 30 grand on a car and wont by a car kit for a couple of hundred quid ?

What about £10 for one of those ear pieces i have one of these for emergencies and loan cars this really winds me up
even in my old d turbo pug i shelled out nearly £200 for a proper hands free kit which answered automatically and i see tossers all the time £40000.00 plus motors manouvering and talking at the same time i always try and catch there eye and mouth!!! some helpful advice.
its all just to pose and say look how important i am with an expensive car and everyone wants to talk to me on my brand new nokia communicator .
but as we all know there only asking whats for tea tonight

 

BJH,

Yeah, I remember a news story about the lorry driver. Something like he was texting his girlfriend/wife/dog and not looking where he was going and drove onto the pavement, flattening some poor bloke minding his own business... IIRC he got 8 or 9 years for manslaughter, as the judge decided it was too serious to be 'driving without due care'.

Daniel

 

[img]images/smilies/mad.gif[/img] Stupid woman pulled out on me at the weekend. Why? Because she was talking on her bl00dy mobile phone. Then proceeded to gently swerve all along the road (at 20mph), then lit up a cigarette, swerved some more...I took the other route

 

friend of mine smacked some up the **** yesturday cos she was texting some one

 

I bloody hate people that sit on their phones in cars. I have a 30 quid hands free kit, how hard is that? No excuse.

Steve.

 

Flame Suit On........
Personally I wont use a phone in a car (hands free or not). I absolutely KNOW that I am a worse driver when concentrating on a conversation, and not on the road.

The difference between a passenger talking and a phone conversation is that the person on the other end of the phone cant tell when you are concentrating, or distracted. Likewise the conversation is far more likely to be trivial with a passenger.
Like most people I turn stereos etc. down when concentrating hard on finding directions in a new area. Why? because the sound is actually distracting.

I'm sure you eventually get used to it, but from an experience of having a phone interview (and therefore having to think in-depth about the answers) while travelling from Brum to LOndon on the M40, I made more small driving mistakes (speed creeping up, not reading the road/ traffic etc) in 60 minutes than I had in my last 10,000 miles

All IMHO, of course

 

A couple of years back my sister was texting her boyfriend to tell him traffic on the motorway was bad and to go another way home when she then drove into the back of that traffic and made the traffic jam worse needless to say that the silly cow doesn't text and drive anymore!

 

I got caught whilst driving my van at work, i was turning a corner while i was on the phone to work when i heard a car beep at me, when i looked round a police car was there and the officer was pointing at me but i drove off! 2 weeks later i got a letter asking who the driver was so i sent it back pleeding guilty with a lovely letter and i got my licence back FREE of points and just a £70 fine! Lucky me!

[Edited by Mr.Manchester - 12/20/2001 9:02:01 PM]

 

Anyway, its not talking on the phone thats distracts BMW and Merc drivers, its more base than that, I know it for a fact because so many people make the gesture at them

 

I came within an inch of being taken off my motorbike by a lad in an XR2 who couldn't stop at a roundabout cos he was talking on his f**kin' mobile. From that moment on my opinion of people who use these things is as low as it gets!

Simple - just don't so it! What gets me most is these idiots think they're in the right. Sooner it becomes an actual offence the better IMHO.

Oh yeah - the majority seem to be BMW drivers but the Nova squadron have some real experts in this field as well.

 

I know personally that I can talk to someone in the car or on hands-free without taking my eyes off the road, I do it most days! But it IS still distracting! They can't legislate against that though!

I have had first hand experience (as a passenger) of someone that turns their head to talk to their passengers, after all it's only polite to look at someone when your talking to them! We mounted the curb and ploughed through a hedge into someone's front garden! (not very polite). Fortunatley no-one was hurt but the car (banger) was a write- off! ripped suspension off and forced wheels into foot wells.

Anyway I ride a (fast) motor bike (mostly in summer) and have passed many cars and always laugh at the prospect of being prosecuted for dangerous driving as I ride past, both hands on the handlebars (simultaneously covering clutch and front brake lever), both feet on the foot pegs (silmultaneously covering gear shift and rear brake lever).
I have seen people (quite closely) reading newspapers & maps, applying make-up and shaving, getting dressed, retrieving things from seemingly inaccessible parts of the car, eating & drinking everything imagineable and of course smoking, every fifth car driver seems to be smoking. Every third car driver seems to be on the phone. Very very scary as a motorcylist, you know they haven't seen you, they are way too distracted.

A hearty round of applause for drivers's that move out of the way for motorcycles, you are a minority.
But just as scary for other car drivers on the commuter run, no-one else out there is paying attention so be careful.

CJ.

 

Agree with all that's been said, especially those who agree that any distraction is to be minimised...particularly in built up areas. But just like so many motoring offences that threaten lives, its incredibly difficult to police.

Its the same lack of thought that makes women drive their children to school in a 4wd truck with bullbars on the front. Don't they ever wonder what happens if they hit some other mothers kid in one of those vehicles. Its perverse. Why do people have bullbars fitted in this country anyway? The school run thing is just bonkers.

Rich