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

simcor:
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.

Incorrect.

rambo19:

simcor:
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.

Incorrect.

Maybe the best practise is to have the vehicle stationary and engine off. I was told that by a copper who really should know the law.

Either way the following applies:

Using a phone or a sat nav when driving

It’s illegal to hold a phone or sat nav while driving or riding a motorcycle. You must have hands-free access, such as:

a bluetooth headset

voice command

a dashboard holder or mat

a windscreen mount

a built-in sat nav

The device must not block your view of the road and traffic ahead.

You must stay in full control of your vehicle at all times. The police can stop you if they think you’re not in control because you’re distracted and you can be prosecuted.

The law still applies to you if you’re:

stopped at traffic lights

queuing in traffic

supervising a learner driver

Touching a phone or any other device while in a vehicle whether stationary at a set of lights or in traffic is illegal as simple as that.

People have been done for being in charge of a vehicle while over the limit because the keys were in the ignition so my understanding is they need to be out

kcrussell25:
People have been done for being in charge of a vehicle while over the limit because the keys were in the ignition so my understanding is they need to be out

The keys can even be in a person’s pocket. A work colleague came home drunk, had a barney with the missus. He took the car keys and a duvet and was asleep on the back seat when a copper woke him up, breathalysed him and arrested him. He was found guilty of being drunk in charge of the vehicle and banned for 21 months. Luckily he ain’t a lorry driver and only works 10 minutes from home

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stuwasere…dont really know how you can be in charge…when your on the back seat…must be a different interpretation of the law…which i know f/a about…just unlucky i guess,as for the phone…no excuse whatsoever…we all know the law…get caught touching it…bear the full force…put it in your glovebox, or out of reach…there is no temptation… or get a parrot bluetooth mobile system interchangeable with any vehicle…clips on the visor…i am sick of petty regulations myself, and not holier than thou…but am fed up of reading stories of people …or young kids being killed because of some idiot on his/her poxy phone, cos they cant wait for the next layby or services…if its incoming…let it keep ringing…boss or not.your choice…your licence.

truckyboy:
stuwasere…dont really know how you can be in charge…when your on the back seat…must be a different interpretation of the law…which i know f/a about…just unlucky i guess,as for the phone…no excuse whatsoever…we all know the law…get caught touching it…bear the full force…put it in your glovebox, or out of reach…there is no temptation… or get a parrot bluetooth mobile system interchangeable with any vehicle…clips on the visor…i am sick of petty regulations myself, and not holier than thou…but am fed up of reading stories of people …or young kids being killed because of some idiot on his/her poxy phone, cos they cant wait for the next layby or services…if its incoming…let it keep ringing…boss or not.your choice…your licence.

My phone goes in ‘Car Mode’ and locks out. Can’t even answer it unless stationary. Because I know that it goes in my holdall. I’ve a Bluetooth headset for any incoming calls.
Quite a good mode to have on a phone [emoji106]

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good one mate…i got a permanent bluetooth in the car…so the phone get put in a cabby hole…in the truck…i dont answer…even a works one…till i get to where its safe…then i have a coffee…to wind em up even more…ha ha

kcrussell25:
People have been done for being in charge of a vehicle while over the limit because the keys were in the ignition so my understanding is they need to be out

That is my understanding too, hence the vehicle should be safely parked and switched off to avoid any unnecessary agro from an over zealous policeman.

truckyboy:
stuwasere…dont really know how you can be in charge…when your on the back seat…must be a different interpretation of the law…which i know f/a about…just unlucky i guess,as for the phone…no excuse whatsoever…we all know the law…get caught touching it…bear the full force…put it in your glovebox, or out of reach…there is no temptation… or get a parrot bluetooth mobile system interchangeable with any vehicle…clips on the visor…i am sick of petty regulations myself, and not holier than thou…but am fed up of reading stories of people …or young kids being killed because of some idiot on his/her poxy phone, cos they cant wait for the next layby or services…if its incoming…let it keep ringing…boss or not.your choice…your licence.

Having the keys whilst drunk or being in the car is how they prosecute you as you have “intent to drive”.

I know someone who got done for drink driving as above, the only difference was he came out of the pub, went to car to get coat out and walk home, police were watching the pub car park for drink drivers. Came over and breathalysed him even after he explained he was just getting his coat out and had just put it on to walk home and leave the car there.

talking of keys iv got several sets of car keys lay on coffee table in my home. if someone wants to steal my motor chances are theyll pick up the wrong set . im thinking it might be an idea to have a phone or 2 just laying in the car , ready in case im pulled over. one of these is handed over to plod, “its a fair cop gov” but when i appeal ,on analysis its proved it had not been used in quite a while

stuwozere1:
I’ve a Bluetooth headset for any incoming calls.
Quite a good mode to have on a phone [emoji106]

Unless you’re driving in France, of course, anything stuck in your ear is illegal here. Not sure how deaf people with hearing aids go on. :open_mouth:

I bought a 3 inch USB charger lead so I can’t touch or even see my phone. I do have steering wheel controls and voice activated SMS although the stupid cow cannot understand spoken Yorkshire

Wheel Nut:
I bought a 3 inch USB charger lead so I can’t touch or even see my phone. I do have steering wheel controls and voice activated SMS although the stupid cow cannot understand spoken Yorkshire

Have you downloaded the translator for it? [emoji23]

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kcrussell25:
People have been done for being in charge of a vehicle while over the limit because the keys were in the ignition so my understanding is they need to be out

Incorrect.

rambo19:

kcrussell25:
People have been done for being in charge of a vehicle while over the limit because the keys were in the ignition so my understanding is they need to be out

Incorrect.

Guy in our local paper was. Was reported that he was asleep and woken by a copper in pub car park with seat fully reclined. Keys were in the ignition so breathalized him and got done for being in charge while over limit

kcrussell25:

rambo19:

kcrussell25:
People have been done for being in charge of a vehicle while over the limit because the keys were in the ignition so my understanding is they need to be out

Incorrect.

Guy in our local paper was. Was reported that he was asleep and woken by a copper in pub car park with seat fully reclined. Keys were in the ignition so breathalized him and got done for being in charge while over limit

Think he means keys can also be out of the ignition. As I said above my workmate had them whilst on the back seat asleep under a duvet. Was prosecuted and banned for being drunk in charge of the vehicle. Keys out of the ignition does not negate you from ‘being in charge’

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stuwozere1:

kcrussell25:

rambo19:

kcrussell25:
People have been done for being in charge of a vehicle while over the limit because the keys were in the ignition so my understanding is they need to be out

Incorrect.

Guy in our local paper was. Was reported that he was asleep and woken by a copper in pub car park with seat fully reclined. Keys were in the ignition so breathalized him and got done for being in charge while over limit

Think he means keys can also be out of the ignition. As I said above my workmate had them whilst on the back seat asleep under a duvet. Was prosecuted and banned for being drunk in charge of the vehicle. Keys out of the ignition does not negate you from ‘being in charge’

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Sorry. Though I do think with keys out a decent solicitor should deal with it

It has been argued in court several times about a lorry driver asleep in his bunk or someone asleep in a caravan, because a lorry driver is having an enforceable break he was ok, the bloke in the caravan not so

rambo19:

kcrussell25:
People have been done for being in charge of a vehicle while over the limit because the keys were in the ignition so my understanding is they need to be out

Incorrect

^^^^^^^
incorrect.
if your in the vehicle with keys in the vicinity,even asleep in the boot,then your done.end of.

Wheel Nut:
It has been argued in court several times about a lorry driver asleep in his bunk or someone asleep in a caravan, because a lorry driver is having an enforceable break he was ok, the bloke in the caravan not so

Just another case of the law being an ■■■. The lorry driver is far more likely to fall out of his bunk and try to drive (however unlikely that is of course), than someone asleep in a caravan, a completely different vehicle.

Just where is the caravan driver supposed to put his keys? And would he be alright if he had first dropped the jockey wheel and wound the hitch an inch clear of the ball? Ridiculous, and just one more reason why police are hated by so many, even though the vast majority would not book anyone in such a case.