Driver conduct hearing (mobile)(in private car)(advice)

Hey all. Well back in early March I got caught looking at my phone for like 10 seconds in stand still traffic. I got 6 points and a £200 fine

Now though I have just been posted a letter saying that I am too attend a driver conduct hearing on the 26th July with the traffic commisioner. This is because I am a PCV driver.

Though please note the offence was made in my private car not on a bus.

This is my first offence of any kind in 13 plus years of driving.

Being honest, I am worried sick and would like to know what people who have been through one of these got.

I absolutely love my job and don’t want to loose it. I know I messed up and have no excuses but I would greatly appreciate any advice and to what other people have been through.

Like I said before the offence was in my private car and not at the workplace.

Thanks in advance for any advice

Cant offer any advice on the incident except to say it will more then likely come to nothing if you were not driving a bus or hgv at the time.

I was sitting at lights and moved my phone from the dashboard to the centre console and when the lights changed I got a pull for “using a hand held device”.
I went to court as I felt very hard done by given I wasnt moving, the handbrake was on and it was more unsafe to leave the phone sliding about when driving.
The report the copper had submitted made me sound like I was going to kill someone if she hadnt stopped me. I ended up with 3 points and a £140. Still feel sick about it to this day.
I feel your pain and you have my sympathy

Some of these prats are beyond the pale. I’ve never touched a mobile while driving… honest, but to be moving it from the dash to the console…well. No common sense prevailing nowadays.

Just say the phone was on your lap

dailymail.co.uk/news/article … --lap.html

Well, it works if you are a policewoman.

Question from a new driver…is the TC that bad a person as to take away someone’s livelihood for a lapse in discipline eg. moving a phone or indeed using it in stationary traffic?

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stuwozere1:
Question from a new driver…is the TC that bad a person as to take away someone’s livelihood for a lapse in discipline eg. moving a phone or indeed using it in stationary traffic?

The short answer to your question is YES, but it’s not because a TC is a bad person.

You’ve said that you’re a new driver… fair enough, but (for your own good) please have a look at the functions and powers of Traffic Commissioners, because they don’t stand for any nonsense once something is reported to them.

In some instances, a professional driver conduct hearing is arranged by a TC so that the driver has to appear and have things explained, or have a little extra penalty applied quite separately to what a Court might impose.

The best way for you to think of this is that a TC has the option to suspend an LGV/PCV licence for a while, but they can’t fine you or send you to jail because it’s a Court that does those things.

dieseldave:

stuwozere1:
Question from a new driver…is the TC that bad a person as to take away someone’s livelihood for a lapse in discipline eg. moving a phone or indeed using it in stationary traffic?

The short answer to your question is YES, but it’s not because a TC is a bad person.

You’ve said that you’re a new driver… fair enough, but (for your own good) please have a look at the functions and powers of Traffic Commissioners, because they don’t stand for any nonsense once something is reported to them.

In some instances, a professional driver conduct hearing is arranged by a TC so that the driver has to appear and have things explained, or have a little extra penalty applied quite separately to what a Court might impose.

The best way for you to think of this is that a TC has the option to suspend an LGV/PCV licence for a while, but they can’t fine you or send you to jail because it’s a Court that does those things.

Thanks, I’ll have a look. And thank you for not thinking it was a stupid question [emoji106]

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There’s no discretion used nowadays in this country, it’s all black and white.
This law was devised to stop phone calls and texts when driving with all the potential dangers that those acts can cause.

If the o/p said he looked at his phone for a few seconds, (especially in STANDING traffic :open_mouth: ) what’s the difference between looking at his radio when tuning it, watching something in his rear view mirror, or even ogling some bird in a short skirt or something :unamused: .
It’s all as I say, black and white and over zealousness in traffic offences…The old cliche of it being a pity they weren’t as keen when it comes to burglarlies and truck crime springs to mind.
Good old UK eh… :unamused:

The problem is the law states you must have the vehicle switched off and the keys out the ignition I do believe.

It’s daft in my opinion but it’s the wording of law, you are in control of a vehicle even though its stationary at the time.

robroy:
There’s no discretion used nowadays in this country, it’s all black and white.

Because of people who took the mickey.

robroy:
There’s no discretion used nowadays in this country, it’s all black and white.
This law was devised to stop phone calls and texts when driving with all the potential dangers that those acts can cause.

If the o/p said he looked at his phone for a few seconds, (especially in STANDING traffic :open_mouth: ) what’s the difference between looking at his radio when tuning it, watching something in his rear view mirror, or even ogling some bird in a short skirt or something :unamused: .
It’s all as I say, black and white and over zealousness in traffic offences…The old cliche of it being a pity they weren’t as keen when it comes to burglarlies and truck crime springs to mind.
Good old UK eh… :unamused:

I agree with you for the most part, but I’m torn on this particular subject because the ■■■■ does get royally taken by people and you have to draw a line somewhere. I’ll be the first to admit that I’ve not being an obedient upstanding citizen when it comes to phone use, but imho there’s a big difference between yakking to your mate on a handheld phone at 5am on a deserted M6 past Tebay (as I may be guilty of) and trying to hack out a Facebook post on a touch screen whilst crawling along in traffic. The former causes no issues whatsoever while the latter usually results in the person behind having to blast their horn because the traffic in front is now 200 yards up the road and they’re still hacking out their Facebook update and the lights have cycled back to red when we could’ve been through them. You see it all the time if you’re driving your car in traffic - just look at the driver in front in their rear view mirror and you’ll see them with their eyes down in their lap, only looking up occasionally to see if the traffic has moved, and it’s because they’ve all got their phone sat on their lap and they’re messing around on their social media channels. It’s not just the isolated case either, it’s easily 50% of the drivers around you, and I’d be tempted to go so far as to say it’s actually the majority.

The 6 points and £100 fine doesn’t seem to have made the slightest bit of difference from my observations, but I think that’s more to do with there not been any cops on the road to enforce it.

I agree that it seems OTT to fine you for moving the phone from one place to another, but there is no smoke without fire and if the OP hadn’t been using it then they wouldn’t have had any need to move it during their journey would they. :bulb:

Regarding the TC, I can confirm that you don’t want to get on the wrong side of them. I had an invite of tea and biscuits and lot of explaining to do when they received notice of me being caught by a speed camera on the single-carriageway A17 whilst travelling at the heinous speed of 67 mph in an artic :open_mouth: :smiley: . I only had myself to blame but I’d had enough of being held up by a [zb] tractor doing 30 mph that pulled out in front of me on Sleaford roundabout and so I did him down the bottom of the hill after Cranwell which wasn’t dificult as I had full tanker on my back. Unfortunately I’d forgotten about the digital GATSO a bit further along, and was still half on the other side of the road as I sailed past it :astonished: . I managed to talk the TC round with a letter explaining the circumstances but it was made clear to me that any further infractions would result in my vocational entitlements being revoked :open_mouth: .

Conor incoming in 5… 4… 3… 2… :smiley:

are you still using your phone when in the car,on the sly I mean ? I just wondered if the 6 points etc really works as a deterrent

iv been done twice for speeding but still often speed I think id need to be thrashed behind the copshop to actually stop speeding longterm

corij:
are you still using your phone when in the car,on the sly I mean ? I just wondered if the 6 points etc really works as a deterrent

iv been done twice for speeding but still often speed I think id need to be thrashed behind the copshop to actually stop speeding longterm

No not at all. Ever since it happened it either goes in the glove box or in the seat pocket behind me.

Just the 6 points and fine made me learn my lesson and this now has just cemented it further lol

Commiserations.
Still, I suppose that we just have to remember there have been many ghastly accidents involving mobiles and the Government had to take harsh measures to drum it into out heads. Just as we would no longer drive without wearing a seat belt or after having had a drink. If you are a member, it is worth talking to your union as they will probably supply legal representation.

I’m amazed nobody hasn’t jumped in with, “it ain’t fair guvnor” or “it’s double jeopardy etc”

You hold a vocational licence in addition to the licence issued by the DVLA

Beverley Bell got her thong fast when she witnessed several drivers on the phone, she became a bit menstrual and had drivers stood in her house of correction

cheetham100:
Hey all. Well back in early March I got caught looking at my phone for like 10 seconds in stand still traffic. I got 6 points and a £200 fine

Now though I have just been posted a letter saying that I am too attend a driver conduct hearing on the 26th July with the traffic commisioner. This is because I am a PCV driver.

Though please note the offence was made in my private car not on a bus.

This is my first offence of any kind in 13 plus years of driving.

Being honest, I am worried sick and would like to know what people who have been through one of these got.

I absolutely love my job and don’t want to loose it. I know I messed up and have no excuses but I would greatly appreciate any advice and to what other people have been through.

Like I said before the offence was in my private car and not at the workplace.

Thanks in advance for any advice

Sorry to be harsh but you should not be looking at your phone in your vehicle whilst in stationary traffic … regardless to whether the park brake was applied you still choose to handle the device.

All you can do is go into the TC office, and apologise. Try to explain the hardship you would be in if need be. have a letter from the employer prepared just encase … however, I feel you might be worrying to much. Just remember to keep quiet and let them do the talking.

Wheel Nut:
I’m amazed nobody hasn’t jumped in with, “it ain’t fair guvnor” or “it’s double jeopardy etc”

You hold a vocational licence in addition to the licence issued by the DVLA

Beverley Bell got her thong fast when she witnessed several drivers on the phone, she became a bit menstrual and had drivers stood in her house of correction

Ah Mrs Beverly “do as I say not as I do” Bell,how we miss her…
m.youtube.com/watch?v=KFVZ3IAlnrU
:laughing:
The chap that filmed this lost His O licence for doing so…
commercialmotor.com/news/op … mmissioner

xichrisxi:

Wheel Nut:
I’m amazed nobody hasn’t jumped in with, “it ain’t fair guvnor” or “it’s double jeopardy etc”

You hold a vocational licence in addition to the licence issued by the DVLA

Beverley Bell got her thong fast when she witnessed several drivers on the phone, she became a bit menstrual and had drivers stood in her house of correction

Ah Mrs Beverly “do as I say not as I do” Bell,how we miss her…
m.youtube.com/watch?v=KFVZ3IAlnrU
[emoji38]
The chap that filmed this lost His O licence for doing so…
commercialmotor.com/news/op … mmissioner

Looking after their chums as always.

“caused her considerable harm and distress…”

Aye, because you were caught! Makes a change for the boot to be on the other foot. Shame he lost his O Licence though.

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stuwozere1:
Looking after their chums as always.

“caused her considerable harm and distress…”

Aye, because you were caught! Makes a change for the boot to be on the other foot. Shame he lost his O Licence though.

Thats what I was thinking.
Seems more like spiteful because she who dictates and judges others isnt whiter than white and got caught out. That and making an example of him as a warning to others not to question why she should have the right to say do as I say, not as I do. People in positions like hers don’t take kindly to peasants getting above their station
I don’t think he helped himself by the way he went about distributing it though

This all drew into question the likelihood of him adhering to operating requirements set by traffic commissioners, particularly if he did not judge the requirements as necessary or reasonable.

So they take your O license away because you MIGHT not adhere to the regulations, not that they actually found anything?
Sounds like an excuse to cover up why they actually took it away

cheetham100:
Hey all. Well back in early March I got caught looking at my phone for like 10 seconds in stand still traffic. I got 6 points and a £200 fine

Now though I have just been posted a letter saying that I am too attend a driver conduct hearing on the 26th July with the traffic commisioner. This is because I am a PCV driver.

Though please note the offence was made in my private car not on a bus.

This is my first offence of any kind in 13 plus years of driving.

Being honest, I am worried sick and would like to know what people who have been through one of these got.

I absolutely love my job and don’t want to loose it. I know I messed up and have no excuses but I would greatly appreciate any advice and to what other people have been through.

Like I said before the offence was in my private car and not at the workplace.

Thanks in advance for any advice

yes when your due to renew your lisense make sure you send it in as early as you can as there’s a little box on there about t/c , fine , penalty and when you send it back to DVsa they’ll send it on to t/c office and it all takes time to get it back .
they told me it was a months suspension of your driving lisense for each offence , and DVsa solicitor said I’d most likely have to go before t/c and as I’d one offence I would most likely get a months suspension of my lisense , but in the end I didn’t go but got a caution ( but I was warned by judge / procecution solicitor not to turn up a 2 nd time .
honesty , as above tell the honest truth, I know it was court not t/c office but DVsa / t/c are in contact and in court they had routes I’d took , times , where I’d been , maps and even details of a fire that had held me up on a13 and I’d put in my statement with
vosa bloke at Carlisle ( he warned me don’t lie as we will get to the truth of it , and if you’re not telling the truth it will be a whole lot worse for you )
to be honest they were all ok with me , vosa , procecution solicitor , 3 judges , t/c as well as she just said a caution .
it’s not easy mate , I understand how you feel but chin up and I think you’ll be ok