Stephen Nolan radio show .
Man done for using mobile phone while parked up with handbrake on. Engine running.Apparently this is classed as driving.
Easy money for plod 
All common sense has gone out the window.
Depends on where they were stopped.
On side of road causing obstruction then fair enough.
On a side street out of the way, different story.
Both still offences but common sense is needed.
wideload2011:
Stephen Nolan radio show .
Man done for using mobile phone while parked up with handbrake on. Engine running.Apparently this is classed as driving.
actually heard his radio ulster programme a few days ago and there was more than one person got done. and they had no engine running,one was parked outside apartments ringing his friend that he was collecting when the police done him. the lawyer nick loophole was on and proved it was not an offence to be in your car and on the phone with engine off and the head of road policing confirmed it as well.
He was ‘in charge of the vehicle’. Long story made very short…lashed up sat in the drivers seat of a car (not your car but a friends) with the engine running (and u haven’t been pulled over for it) gets you a 12 month ban and a DR10 on ya ticket for 11 years
Edit: Just to make it clear, NO it wasn’t me!! But looking at the ‘DR’ related codes it seems it is now a DR40…lawontheweb.co.uk/Road_Traff … and_Points
bit different being drunk and sitting in a stationary car with no engine running using a mobile 
and the top man in traffic admitted that there was no offence committed,he did point out that had the engine been running then you could be done on a small technicality but his approach would be to give a warning only.
Glenman: Maybe, but that wasn’t the point that wideload2011 was raising…‘on phone, engine running’…you are deemed to be in charge of that vehicle, irrespective if the handbrake was applied…chock the wheels if you want but it don’t matter…THE ENGINE WAS RUNNING
ok, though even with the engine running the head of traffic here even thought that it would be harsh and hoped his officers would do what he would do and that was have a word/give a lecture.
I think your even classed as ‘in charge of the vehicle’ if you’re sitting in the drivers seat with the keys in the ignition, doesn’t matter if the engine is turned on 
containers_only:
I think your even classed as ‘in charge of the vehicle’ if you’re sitting in the drivers seat with the keys in the ignition, doesn’t matter if the engine is turned on
For the purposes of DD the above is correct, although there can be a defence.
Mobile phone law is quite specific, the offence is using a phone while driving & driving is defined as anytime the engine is running (or words to that effect)
Pull up at the side of the road & make a call with the engine running = offence.
Pull up in exactly the same place & turn key = No offence.
Bizarre but true.
The law was worded in such a way to stop people using a mobile phone whilst waiting in a queue of traffic, Traffic lights, Motorway queue etc.
But of course we no have a bit of robot policing, no doubt target driven, to get the stats up instead of a bit of common sense.
Melchett:
Pull up at the side of the road & make a call with the engine running = offence.
Pull up in exactly the same place & turn key = No offence.
Yep. Never got a ticket, but was given a . by a hobby bobby once. 
Not sure that a hobby bobby can issue tickets all by himself.Its a biece of nonsense that you cant use the phone when stopped.
containers_only:
I think your even classed as ‘in charge of the vehicle’ if you’re sitting in the drivers seat with the keys in the ignition, doesn’t matter if the engine is turned on
Used to be abit back, I nearly had the misfortune
In the early 90’s I went to Blackpool for a gig with the then Doris, sampled a few beers, had a major row in the B+B and i got booted out so went n kipped in the car, got a knock off the plod and luckily just given a warning not to try driving and to shift from the driving seat to either the back or passenger, I did explain I had lost the ability to walk and the car wasnt fitted with hand controls 
Suppose I let lucky that i got a couple of decent coppers.
alamcculloch:
Not sure that a hobby bobby can issue tickets all by himself.Its a biece of nonsense that you cant use the phone when stopped.
Depends what you class as a hobby bobby-a Special Constable can issue a FPN but I`m not sure about a PCSO.
Melchett:
Mobile phone law is quite specific, the offence is using a phone while driving & driving is defined as anytime the engine is running (or words to that effect)
Interesting opportunity for a bit of arguing in court there.
For the tacho rules driving time is the duration of driving activity recorded by the recording equipment. The tachograph knows when you are driving through information it receives from sensors and records that as driving time. Sitting at the side of the road with the engine running the tachograph will not record that as driving and add it to your driving time therefore you have legally recognised data or charts that show you aren’t driving. 
Coffeeholic:
Melchett:
Mobile phone law is quite specific, the offence is using a phone while driving & driving is defined as anytime the engine is running (or words to that effect)Interesting opportunity for a bit of arguing in court there.
I’d like to see you try it.
The Road Vehicles (Construction and Use) Regulations 1986, from my reading, suggests that a car isn’t been driven when the engine is off and handbrake is on.
How the tacho rules or any other rule defines driving is neither here nor there.
(btw I didn’t get a ticket but a bollocking)
macplaxton:
Coffeeholic:
Melchett:
Mobile phone law is quite specific, the offence is using a phone while driving & driving is defined as anytime the engine is running (or words to that effect)Interesting opportunity for a bit of arguing in court there.
I’d like to see you try it.
The Road Vehicles (Construction and Use) Regulations 1986, from my reading, suggests that a car isn’t been driven when the engine is off and handbrake is on.
How the tacho rules or any other rule defines driving is neither here nor there.
Still be fun arguing it though. 
So the British law defines driving as one thing for tacho readings, another for drink driving and yet another for mobile phone use.
Nice to know that they have a solid set of rules that change to suit the weather…