We were sent a memo a while back saying that it now constitutes misconduct or gross misconduct (can’t remember which) whereas before was written warning.
I’ve seen plenty of HGV drivers using their mobiles whilst driving, same for car drivers but we are supposed to be the professionals here. Just like speeding, if you get caught you have to hold your hands up and except the result but if, as the OP says, he didn’t do it then I’d try my best to fight it, however watch any Police telly programme and they pull and charge drivers using phones with only one officer in the car, his word goes. Save the hassle, switch the phone off when driving!
Frankydobo:
I’ve seen plenty of HGV drivers using their mobiles whilst driving, same for car drivers but we are supposed to be the professionals here. Just like speeding, if you get caught you have to hold your hands up and except the result but if, as the OP says, he didn’t do it then I’d try my best to fight it, however watch any Police telly programme and they pull and charge drivers using phones with only one officer in the car, his word goes. Save the hassle, switch the phone off when driving!
We had a memo a while back saying we couldn’t turn phones off; I remember a lot of people objected to me posting a thread about ignoring/switching off the works phone.
I really cant under stand why a police officer would try and do someone for using a phone unless they were actally using a mobile phone, for that reason i would say the person charged wtih such is infact guilty and should suffer the conciquences
AHT:
I really cant under stand why a police officer would try and do someone for using a phone unless they were actally using a mobile phone, for that reason i would say the person charged wtih such is infact guilty and should suffer the conciquences
I’ve thought the same, Dad was driving along the A34 a while back, scratching his right ear when a cop car pulled ongside. Dad saw the passenger staring and waved to him, the copper waved and nothing more happened.
I don’t think the driver in this case would be so stupid to risk the sack as he’d admit to having done silly things during his service with the company. Silly meaning leaving his fridge on the engine hump while the cab was jacked up…Call Gavin from Autoglass!
Following my post about the copper pulling truckers with no seat belt on outside Haydock Sainsbury’s I had to walk to Stockport Truck Centre in the same road. No wonder that copper sits there. In the 3 minute walk down that lane I counted 6 truck drivers with no seat belt on and 3 were on the phone. Of them 3 on the phone there was 1 that was one of the 6 not wearing a belt. You wait long enough in Sainsburys or Bookers for your paperwork, surely you could ring your office to find out whats happening before you leave.
I was lucky in Stevenage 2.5 years ago, I was holding my phone in my hand whilst I steered the truck around a roundabout. Phone was slipping off the dashboard and I just had hold of it, 2 hands on the wheel. Got pulled by a ‘nice’ copper and told off, and told that you will get done for that but he knew what the score was and said some of the coppers would love to just do you for that, and would be within their rights…so you don’t have to be talking on it.
The offence is a CU80 (driving whilst using a hand-held device), it doesn’t necessarily mean it to be a phone either ! They could have you on driving without due care too
It doesn’t always follow that a Police Officers word will stand up in Court. A friend of mine recently won his case after being stopped for not wearing a seatbelt in a van.
He was able to prove that from the Officers vantage point he would not be able to see if he was wearing a seatbelt in that van. I believe rad traffic cases are criminal cases, so the Police have to prove beyond reasonable doubt that the offence has taken place. Introduce an element of doubt then you shouldn’t be found guilty.
My mate did his own defence, and was very thorough in his preparation, including photos and pre planned questions for the Policeman.
A friend of mine went to court. The plod had seen him but couldn’t back it up with any other evidence…he tried to get my mate to show him the phone but he wouldn’t and denied he had one with him…then when they checked the records - he said his wife had been using it at the time hence he didn’t have it with him…
He produced a voice recorder which was remarkable similar to his smart phone…
The magistrate let him off…
And he was well chuffed as he was nattering on it at the time to a mate although he wasn’t actually moving…
bigvern1:
I was stopped by traffic police in Droitwich last week for holding my phone whilst going through a roundabout.
Got a bollocking…That was lucky!
Lucky aint the word, your supposed to go round not through em
Truckulent:
A friend of mine went to court. The plod had seen him but couldn’t back it up with any other evidence…he tried to get my mate to show him the phone but he wouldn’t and denied he had one with him…then when they checked the records - he said his wife had been using it at the time hence he didn’t have it with him…
He produced a voice recorder which was remarkable similar to his smart phone…
The magistrate let him off…
And he was well chuffed as he was nattering on it at the time to a mate although he wasn’t actually moving…
Incidentally, he’s not an LGV driver.
It’s alway ‘a friend’, ‘a mate’, ‘a bloke down the pub i know’ or ‘some guy i was chatting to on the ferry reckoned…’
Truckulent:
A friend of mine went to court. The plod had seen him but couldn’t back it up with any other evidence…he tried to get my mate to show him the phone but he wouldn’t and denied he had one with him…then when they checked the records - he said his wife had been using it at the time hence he didn’t have it with him…
He produced a voice recorder which was remarkable similar to his smart phone…
The magistrate let him off…
And he was well chuffed as he was nattering on it at the time to a mate although he wasn’t actually moving…
Incidentally, he’s not an LGV driver.
It’s alway ‘a friend’, ‘a mate’, ‘a bloke down the pub i know’ or ‘some guy i was chatting to on the ferry reckoned…’
Yes, 'cos that is how it was…!!! He did exactly what I said…but then again, he’s a sight lot quicker off the mark than the average LGV driver…
You don’t own a business that turns £750K/year over by being slow off the mark…
Not sure about Englandshire but up here,both of us need to see the driver using,or holding,the phone before he is either issued with a Fixed penalty notice or reported to the procurator fiscal,depending on the points he already has on his license. If you have 9 points,we can’t issue a fixed penalty as its up to the courts to issue the points if it will result in a disqualification under the totting up system.
AHT:
I really cant under stand why a police officer would try and do someone for using a phone unless they were actally using a mobile phone, for that reason i would say the person charged wtih such is infact guilty and should suffer the conciquences
My daughter & her b/f were stopped by Mr Plod they said he was using his phone when driving ( no he wasnt she was but she not driving ) b/f said he could look at phone to check Mr Plod not interested in that said he would confiscate all 3 phones ( my daughter his a home carer so need phone he is a driver so needs his phone for work )
Plod gave a verbal warning ( both his parents are disabled so need contact with him as well ) as he knew it wouldnt stand up in court they did make a complaint to duty inspector about this
Muckaway:
One of our drivers was stopped and reported for using a handheld phone whilst driving his lorry. Plod said he has video evidence but it was “too complicated” to show it to the driver at the roadside. Driver said he wasn’t using his phone as company provide (crap) hands free kit and said driver isn’t known as “Bluetooth” for nothing. He’s getting phone records to prove innocence but plod says he can still be done just for holding the phone. Surely it can’t just be on plods’ word, he’d need to provide evidence and prove the drivers’ guilt, not the driver to prove innocence.
I understand getting caught using a handheld is gross misconduct where I work so this driver could lose his job just 'cos PC Prat needs to reach his quota for the month.
Any advice?
recent (2009) case:
Jimmy Carr has escaped a conviction for talking on his phone while driving - because he said he was using it to dictate a joke.
Read more: dailymail.co.uk/tvshowbiz/ar … z2BpLrochc
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…
Mr Freeman said the law regarding mobile phones always refers to them being used as two-way devices.
But dictaphones are one-way devices, he said, and using the phone in that way was no worse than checking the time on it.
i would take it to court! it may get dropped cos of lack of said evidence?
i got a speeding ticket dropped some years ago, a copper called me over and i had even signed the ticket, but later noticed he had the registration wrong so challenged it on his obvious poor observation skills…
I got pulled a couple of year back by a Copper who said I was on the phone, Theres a thread on here about it somewhere.
In short, I wasnt and he took my details on the front of his book and not in his book I told him I would fight him through court and would even get my phone operator to give me a log of my phone usage to counter his folly, was also told the TC would be on my case,
I never heard zip all, someone on here bet me I would get a charge of somekind or other then disappeared in a more cowardly fashion than the copper when nothing appeared on my doorstep.
If your innocent and can provide evidence that you didnt use the phone then youve got nowt to worry about.
Lucky aint the word, your supposed to go round not through em
I told him I would fight him through court and would even get my phone operator to give me a log of my phone usage to counter his folly, was also told the TC would be on my case,